Collins v. State
| Docket Number: | 2010-KA-00937-COA Linked Case(s): 2010-KA-00937-COA |
|
| Court of Appeals: |
Opinion Link Opinion Date: 05-31-2011 Opinion Author: Lee, C.J. Holding: Affirmed. |
|
| Additional Case Information: |
Topic: Sexual battery, Touching child for lustful purposes & Statutory rape - Expert testimony - M.R.E. 702 - Ineffective assistance of counsel Judge(s) Concurring: Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Non Participating Judge(s): Russell, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 06-26-2008 Appealed from: Harrison County Circuit Court Judge: Jerry O. Terry, Sr. Disposition: Convicted of Counts I, II, and III, sexual battery, and Count IV, touching a child for lustful purposes, and sentenced to fifteen years on each count, with the sentences to run concurrently with one another, and convicted of Count V, statutory rape, and sentenced to twenty years to run consecutively to the sentences in Counts I-IV, for a total of thirty-five years in the custody of the Mississippi Department of Corrections District Attorney: Cono A. Caranna, II Case Number: B2401-2006-594 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Ernest Edward Collins, Jr. |
LESLIE S. LEE, HUNTER NOLAN AIKENS |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS |
|
|
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
|
| Topic: | Sexual battery, Touching child for lustful purposes & Statutory rape - Expert testimony - M.R.E. 702 - Ineffective assistance of counsel |
| Summary of the Facts: | Ernest Collins Jr. was convicted of three counts of sexual battery, one count of touching a child for lustful purposes, and one count of statutory rape. He was sentenced to concurrent fifteen-year sentences on Counts I, II, III, and IV, and he was sentenced to twenty years on Count V. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Expert testimony At the request of the Department of Human Services, a clinical psychologist interviewed the victim. The psychologist testified at trial regarding his interview with her. When asked if he had reached a conclusion as to whether the victim had been the victim of sexual abuse within a reasonable degree of scientific certainty, he responded: “Yes. I refer to it as clinical opinion and clinical certainty. And in my clinical opinion . . . there was an allegation of sexual abuse. . . .” Collins argues that the psychologist’s testimony was inadmissible under M.R.E. 702 because it was not based on scientific, technical, or specialized knowledge. This issue must be reviewed for plain error since no objection was made to this testimony at trial. Although the trial court found the psychologist’s testimony suspect, it did not amount to a manifest miscarriage of justice. He has a degree in psychology and a Ph.D. in clinical psychology. At the time of his testimony, he had been a clinical psychologist for forty years. He had testified as an expert in his field over 600 times. He did not make a conclusion as to whether or not the victim was a victim of sexual abuse. Thus, it was not plain error for the trial court to allow the testimony. Issue 2: Ineffective assistance of counsel Collins argues that his trial counsel was ineffective for failing to object to the psychologist’s testimony. Collins has not established a reasonable probability that, had his attorney objected to the testimony, the jury verdict would have been different. The victim testified that Collins sexually abused her. Even without supporting testimony, the jury could have found Collins guilty. Collins’s ineffective-assistance-of-counsel claim is dismissed without prejudice to his right to later raise the issue in post-conviction proceedings if he so chooses. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
