2019 Ohio 1239
Ohio Ct. App.2019Background
- On Dec. 26, 2016, Andre Danner was shot three times outside an apartment after an earlier argument inside; he survived and later identified Joseph M. Collins, Jr. as the shooter.
- Collins had been seen earlier during the argument wearing a gray jogging suit and allegedly lifted his shirt to reveal a gun. Danner saw a shooter in a gray jogging suit fire at him and identified Collins by the clothing and facial features.
- Police investigated, Det. Bruce Garner developed a description matching Collins, and Danner later formally identified Collins. No gun or other physical evidence was recovered.
- Collins was indicted for attempted murder, two counts of felonious assault, having a weapon while under disability, and related firearm and repeat-offender specifications.
- At trial there were brief, unsolicited references by three witnesses to Collins’s prior custody/parole status; objections were sustained and the court admonished witnesses. Defense presented Tiffany Knight’s alibi testimony that Collins was with her that night.
- Jury convicted Collins of attempted murder, both assaults, and firearm specifications; court sentenced him to an aggregate 20-year term. Collins appealed, arguing (1) prejudicial references to prior criminal history, (2) ineffective assistance of counsel, and (3) convictions against the manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of witness references to prior criminal history | State: references were brief, inadvertent, and not used to show character; any error harmless | Collins: references (jail, parole, record checks) prejudiced jury and denied fair trial | Court: references were brief/inadvertent; BMV photo comment not 404(B) "other acts"; any error harmless and objections/admonitions cured it |
| Trial counsel's response to prior-history references | State: counsel had no duty to press for further curative action after objections and admonitions | Collins: counsel ineffective for not seeking curative instruction or mistrial | Court: No deficient performance or prejudice shown given fleeting nature and harmlessness; claim fails under Strickland |
| Weight of the evidence supporting convictions | State: eyewitness ID (victim Danner) and consistent circumstantial facts (clothing, description) support verdict | Collins: lack of physical evidence, inconsistencies in eyewitness testimony, alternative alibi (Knight) undermine reliability | Court: Jury reasonably credited Danner over alibi; circumstantial/eyewitness evidence sufficient; convictions not against manifest weight |
| Admissibility of BMV/record-check testimony | State: Detective’s testimony about obtaining a BMV photo was investigative fact, not prior-bad-act evidence | Collins: testimony implied prior wrongdoing or convictions | Held: BMV/computer-check testimony did not constitute prohibited other-act evidence under Evid.R. 404(B) |
Key Cases Cited
- Bruton v. United States, 391 U.S. 123 (1968) (not every admission of inadmissible evidence requires reversal; some inadvertent matters occur at trial)
- United States v. Olano, 507 U.S. 725 (1993) (harmless error and standard for affecting substantial rights)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance: deficiency and prejudice)
- State v. Bradley, 42 Ohio St.3d 136 (1989) (Ohio guidance on ineffective-assistance analysis)
- State v. Wilson, 113 Ohio St.3d 382 (2007) (Ohio standard for manifest-weight-of-the-evidence review)
- Tibbs v. Florida, 457 U.S. 31 (1982) (appellate court acts as thirteenth juror in weight review)