Preview:

IN THE SUPREME COURT OF MISSISSIPPI NO. 94-KA-01292-SCT RONNIE C. COLLINS v. STATE OF MISSISSIPPI THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-A DATE OF JUDGMENT: TRIAL JUDGE: COURT FROM WHICH APPEALED: ATTORNEY FOR APPELLANT: ATTORNEY FOR APPELLEE: 10/24/94 HON. LARRY EUGENE ROBERTS CLARKE CO. CIRCUIT COURT PETER K. SMITH OFFICE OF THE ATTORNEY GENERAL BY: WAYNE SNUGGS E. J. MITCHELL, III CRIMINAL - POST CONVICTION RELIEF AFFIRMED - 4/3/97

DISTRICT ATTORNEY NATURE OF THE CASE: DISPOSITION: MOTION FOR REHEARING FILED: MANDATE ISSUED:

BEFORE PRATHER, P.J., ROBERTS AND MILLS, JJ. PRATHER, PRESIDING JUSTICE, FOR THE COURT:

On March 3, 1992, Ronnie C. Collins was indicted for the December 29, 1991, murder and burglary of his ex-wife Annie Mae Collins. On October 21, 1992, Collins pled guilty to manslaughter before the Clarke County Circuit Court. The manslaughter plea was accepted as to the murder charge, and an order of nolle prosequi was entered on the burglary charge. Collins was sentenced to serve 20 years in prison for manslaughter. Thereafter, on December 16, 1993, Collins moved to set aside his manslaughter conviction and alleged that a) additional evidence existed that would require vacation of the conviction; b) his plea was made involuntarily; and, c) he received ineffective assistance of counsel. The trial judge denied Collins' motion for post-conviction relief without a hearing. From that judgment, Collins appeals and raises the following issues:

I. Whether the trial court erroneously denied Collins' PCR petition: (a) because the trial judge arbitrarily and capriciously rejected evidence that was substantial and outweighed conflicting evidence; and (b) by failing to give proper weight to this new evidence, whether the trial court erred in determining that the requirements of Strickland v. Washington were not met, given the fact that appellant's lawyer failed to conduct an elementary investigation of Collins' case which would have revealed the exculpatory evidence? II. Whether the prosecution breached a duty to disclose the autopsy report which was exculpatory and material? STATEMENT OF THE FACTS Collins, armed with a sawed-off, 12-gauge shotgun, kicked in the door of his ex-wife's home and went to her bedroom. Her boyfriend jumped from the window, and Collins' ex-wife stepped between Collins and the window. The eyewitness, the victim's 13-year-old daughter (the appellant's former stepdaughter), stated to police that her mother was trying to get out the window and Collins shot her. Collins contended that his ex-wife charged him and that he held the gun over his head. Collins further alleged that a struggle over the gun ensued and that he accidentally shot his thumb and his ex-wife's face. The autopsy report supports Collins' theory. The victim was shot in the face at a downward angle of 25-40 degrees. She had powder residue on her hands. Collins apparently did not have the benefit of this report prior to entering his plea. The morning of Collins' trial arrived, and his attorney announced that Collins wished to plead guilty to manslaughter (apparently to the surprise of the prosecution). A hearing was held, and Collins contended that the shooting was an accident, but he knew that his version of the story would be disputed by his stepdaughter. The trial judge would not accept his plea. The prosecution accused Collins of "playing with the system", and moved that Collins' bond be revoked until the trial. The court recessed, and at 1:30 that afternoon, Collins submitted an amended petition to enter a plea of guilty. Collins had originally stated that he kicked down the door because he was afraid a burglary was taking place in the home where his ex-wife and his child lived. However, he later told the judge that he saw his child when he entered the house, and he did not think that a burglary was taking place. He admitted that he shot his wife as she was trying to get between him and her boyfriend. The judge then accepted his plea. LEGAL ANALYSIS The trial judge denied Collins' PCR motion without an evidentiary hearing. This type of ruling is allowed under Miss. Code Ann.

Download Ronnie C. Collins v. State of Mississippi.pdf

Mississippi Law