State v. Collins, 2020 Ohio 3126

Background:

On May 26, 2018, DeSean Bonet was shot and later died; Collins was indicted for aggravated robbery, two counts of aggravated murder, and two counts of murder (with firearm specifications).
Security video from a neighbor shows Bonet running north on Wilson Ave, Collins appearing behind him, chasing and firing multiple shots; Bonet falls; audio and eyewitnesses corroborate multiple shots.
Autopsy showed three penetrating gunshot wounds entering the back of the torso and leg; the recovered handgun from 1267 Wilson Ave was operable; gunshot residue found on Collins’ hands.
Collins testified he was robbed on his front porch, feared for his life, fired one shot from the porch to deter Bonet and then fired additional shots while Bonet ran away to allow Collins to escape and call police; he claimed he intended only to shoot near Bonet to scare him.
The trial court granted a Crim.R. 29 acquittal on some counts; the jury found Collins guilty of purposeful murder (Count 4) and felony murder (Count 5) and associated firearm specifications; sentence 15 years to life plus 3 years, consecutive (18 years to life).
Collins appealed, arguing (1) the court erred in refusing self-defense and castle‑doctrine instructions, (2) the court erred refusing a castle instruction, and (3) trial counsel was ineffective (no voluntary‑manslaughter instruction, failure to object to use of the word "victim," and inadequate witness preparation).

Issues:

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by refusing a self‑defense jury instruction	State: evidence was insufficient to support self‑defense because Collins admitted he intentionally fired and video/autopsy showed shots into victim's back while fleeing	Collins: his testimony and Thompson's supported a reasonable claim of self‑defense (robbery on porch, fear, shots to deter)	No error. Court found Collins' testimony that he did not intend to hit Bonet (shot at ground/near him) and the video showing shots from behind while victim fled undermined self‑defense; instruction not supported.
Whether the court should have given a "castle doctrine" instruction (presumption of self‑defense/no duty to retreat at residence)	State: facts showed threat abated once victim fled; shots struck the victim in the back while running away, so castle rationale inapplicable	Collins: robbed on his porch (part of residence), so R.C. presumption and no duty to retreat should apply	No error. Even accepting a porch as residence, video and autopsy showed continued shooting as victim fled, negating justification and any presumption.
Whether trial counsel was ineffective for failing to request a voluntary‑manslaughter instruction	State: no reasonable probability of different outcome because evidence did not show sudden passion/sudden fit of rage	Collins: counsel should have requested voluntary manslaughter given the robbery and emotional context	No ineffective assistance. Court held Collins’ testimony reflected fear, not sudden passion/anger required for voluntary manslaughter; no sufficient evidence to warrant the instruction.
Whether counsel was ineffective for not objecting to use of the term "victim" and for poor witness preparation	State: defense objected; court gave curative instruction and counsel’s conduct presumed reasonable; Collins’ complaints about preparation rest on facts outside record	Collins: continued usage prejudiced jury and counsel failed to elicit feelings to support self‑defense	No ineffective assistance. Counsel objected and court instructed jury not to infer; jury presumed to follow instruction. Allegations about preparation lack record support and cannot be resolved on direct appeal.

Key Cases Cited

Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑part test for ineffective assistance of counsel).
State v. Robbins, 58 Ohio St.2d 74 (Ohio 1979) (elements of self‑defense).
State v. Shane, 63 Ohio St.3d 630 (Ohio 1992) (standard for submitting voluntary‑manslaughter instruction).
State v. Rhodes, 63 Ohio St.3d 613 (Ohio 1992) (voluntary manslaughter defined; burden to prove mitigating circumstances).
State v. Wolons, 44 Ohio St.3d 64 (Ohio 1989) (appellate review standard for refusal of jury instruction—abuse of discretion).
State v. Lessin, 67 Ohio St.3d 487 (Ohio 1993) (trial court discretion whether instruction supported by evidence).
State v. Mack, 82 Ohio St.3d 198 (Ohio 1998) (fear alone does not establish sudden passion).
State v. Williford, 49 Ohio St.3d 247 (Ohio 1990) (no duty to retreat in one’s residence).