State v. Collins
2017 Ohio 4371
| Ohio Ct. App. | 2017Background
- On July 14, 2015 Deputy Hatfield pursued Arnon Collins after recognizing him; Collins fled on a motorcycle, abandoned it when the chain broke, and was arrested on foot. Search incident to arrest of Collins’ backpack produced ~5 grams of wet meth, paraphernalia, pills, a scale, and a cell phone.
- Deputies then went to Collins’ parents’ home and, according to the affidavit, received consent from Collins’ mother to search the property; plain-view observations of a vehicle on the property and a subsequent warrant search located items associated with meth manufacture.
- Collins was indicted on multiple drug and related charges; an aggravated-possession count was initially omitted but later added by superseding indictment after Collins rejected a plea offering a five-year term and prosecutors learned lab results could make possession a first-degree felony with an 11-year mandatory term.
- Collins moved to suppress and requested a Franks hearing, supported by an affidavit from his mother claiming she only allowed officers to look in his bedroom and did not consent to a broader search; the trial court denied the suppression and Franks requests.
- Collins’ trial counsel advised him of the plea offer, urged acceptance, and met with Collins repeatedly; Collins declined the offer to pursue suppression challenges. After counsel was replaced, Collins sought to compel the state to reinstate the earlier plea under an ineffective-assistance theory; the trial court denied relief.
- Collins pled no contest and was sentenced to an aggregate mandatory 12-year prison term; he appealed raising (1) denial of a Franks hearing and (2) denial of relief to compel reinstatement of the plea offer based on alleged ineffective assistance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred by denying a Franks hearing challenging alleged false statements in the warrant affidavit | State: affidavit contained sufficient probable cause independent of any alleged false statement; trial court properly denied Franks hearing | Collins: mother’s affidavit shows affidavit falsely claimed consent to search whole property, warrant relied on that misstatement so Franks hearing required | No error — even ignoring alleged false consent statement, affidavit provided probable cause; Franks hearing not required |
| Whether defendant is entitled to reinstatement of the earlier plea offer based on ineffective assistance during plea negotiations (Lafler claim) | State: defense counsel properly advised Collins of the plea terms and deadline; rejection was Collins’ informed choice | Collins: counsel’s deficient advice caused him to reject the five-year plea and suffer worse exposure after superseding indictment | No error — trial court credited counsel’s testimony that he advised Collins thoroughly and recommended acceptance, so no deficient performance or prejudice shown; plea reinstatement denied |
Key Cases Cited
- Franks v. Delaware, 438 U.S. 154 (U.S. 1978) (establishes two-part test and right to hearing when affidavit contains knowingly false or reckless false statements that are necessary to probable cause)
- Lafler v. Cooper, 566 U.S. 156 (U.S. 2012) (remedy for deficient counsel in plea negotiations may include reinstatement of a prior plea offer)
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (probable cause for search warrants evaluated under totality-of-the-circumstances standard)
- State v. George, 45 Ohio St.3d 325 (Ohio 1989) (discusses probable cause/issuing judge’s common-sense role in warrant review)