Tavaris Collins v. State of Mississippi, 221 So. 3d 366

Background

On January 1, 2012, 16-year-old Devin Mitchell was shot in the courtyard of an apartment complex in West Point, Mississippi, and died from a gunshot to the head. Tavaris Collins (31) lived in the complex and was observed near the victim with a handgun shortly after the shooting.
Witnesses heard multiple shots; Collins was seen holding a dark handgun and later placed a TEC-9 .22 pistol near Devin’s body. He gave multiple inconsistent statements to police about where he stood and how many people were shooting.
A .38 revolver and shell casing were recovered from Collins’s apartment attic; a damaged projectile was recovered from the victim but could not be ballistically matched.
Collins gave a recorded statement admitting he fired multiple shots to “spook” a hooded person he perceived as threatening, said he was paranoid, and acknowledged drinking and using marijuana that night. A psychologist testified Collins was paranoid/delusional at the time but not legally insane.
Indicted on deliberate-design (first-degree) murder and two counts of felon-in-possession. After change of venue and competency proceedings, a jury convicted Collins of first-degree murder and both felon-in-possession counts. He was sentenced as a habitual offender to life without parole for murder and consecutive ten-year terms for each weapons count.

Issues

Issue	Collins’ Argument	State’s/Respondent’s Argument	Held
Sufficiency of evidence for deliberate design (first-degree murder)	Evidence did not prove intent to kill; at most second‑degree murder because Collins shot toward a general area, not at Devin specifically	Evidence (multiple shots, use of deadly weapon, admissions he shot toward victim, inconsistent stories, no evidence of being shot at) supports inference of deliberate design	Conviction for first‑degree murder upheld; evidence sufficient to show deliberate design
Ineffective assistance — failure to stipulate prior felony for felon‑in‑possession counts	Trial counsel should have stipulated to prior felony to avoid prejudicial evidence	Decision not to stipulate was reasonable trial strategy and not presumptively deficient or prejudicial	Claim denied; no ineffective assistance shown
Ineffective assistance — failure to object to testimony about prior bad acts elicited through defense psychologist	Counsel should have objected to Rule 404(b)‑type prior‑bad‑act evidence	Testimony was used to evaluate mental state and the questioning aimed to test the psychologist’s opinion, not to prove propensity; failure to object was reasonable and not prejudicial	Claim denied; no ineffective assistance shown
Remedy if deliberate‑design insufficient (direct‑remand rule)	If deliberate design not proven, conviction should be reduced to second‑degree and remand for sentencing on lesser offense	State argued evidence supported deliberate design so direct‑remand unnecessary	Court found deliberate design proven; direct‑remand rule not applied

Key Cases Cited

Nolan v. State, 61 So. 3d 887 (defines standard for sufficiency review)
Bush v. State, 895 So. 2d 836 (standard for reviewing sufficiency of the evidence)
Robinson v. State, 940 So. 2d 235 (acceptance of evidence and favorable inferences)
Sands v. State, 62 So. 3d 374 (deliberate design and inference from use of deadly weapon)
Wilson v. State, 936 So. 2d 357 (deliberate design/malice aforethought discussion)
Boyd v. State, 977 So. 2d 329 (intent inferred from acts and circumstances)
Wheat v. State, 420 So. 2d 229 (intent is a fact question for the jury)
Ragland v. State, 50 So. 3d 1041 (appellate review of ineffective‑assistance claims)
Wilcher v. State, 863 So. 2d 776 (when appellate court may address ineffective‑assistance claims)
Aguilar v. State, 847 So. 2d 871 (preserving ineffective‑assistance claims for post‑conviction relief)
Read v. State, 430 So. 2d 832 (post‑conviction relief guidance)
Brown v. State, 798 So. 2d 481 (Strickland standard discussed)
Strickland v. Washington, 466 U.S. 668 (establishes ineffective‑assistance test)
Carr v. State, 873 So. 2d 991 (defendant’s burden under Strickland)
Hiter v. State, 660 So. 2d 961 (presumption counsel’s conduct is reasonable)
Cole v. State, 666 So. 2d 767 (trial strategy defers to counsel’s tactical decisions)
Williams v. State, 819 So. 2d 532 (risks of stipulating to priors)
Denham v. State, 966 So. 2d 894 (purpose of Rule 404(b) limits)
White v. State, 842 So. 2d 565 (improper use of prior acts to show propensity)
Hill v. State, 929 So. 2d 338 (direct‑remand rule)
Shields v. State, 722 So. 2d 584 (direct‑remand rule referenced)