Collins v. State

287 P.3d 791, 2012 Alas. App. LEXIS 162, 2012 WL 5373513
CourtCourt of Appeals of Alaska
DecidedNovember 2, 2012
DocketNo. A-10655
StatusPublished
Cited by4 cases

This text of 287 P.3d 791 (Collins v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Alaska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Collins v. State, 287 P.3d 791, 2012 Alas. App. LEXIS 162, 2012 WL 5373513 (Ala. Ct. App. 2012).

Opinions

OPINION

COATS, Chief Judge.

Yako William "Billy" Collins was convicted of sexual assault in the first degree.1 Superi- or Court Judge Eric Smith sentenced Collins to twenty-five years of imprisonment with five years suspended. Collins appeals his conviction and sentence. We affirm Collins's conviction, but remand his case to the superi- or court to reconsider whether Collins's case should be referred to the three-judge panel for sentencing.

Factual and procedural background

The victim in this case, J.H., lived with her parents and her sister in Wasilla. Collins was the boyfriend of J.H.'s sister, and he also lived with the family. Collins and J.H.'s sister shared an apartment over the garage.

On the evening of March 12, 2008, the family was hosting a bonfire and barbeque. J.H. and her boyfriend, accompanied by J.H.'s sister and Collins, spent the evening drinking in the apartment over the garage. At some point, Collins and J.H.'s sister left the apartment, and J.H. had sex with her boyfriend. J.H. and her boyfriend then went to J.H.'s room inside the main house.

Sometime after midnight, either Collins or J.H.'s father asked the boyfriend to leave J.H.'s room, and he complied. J.H. then went to sleep. Sometime later, J.H. awoke to find Collins lying on top of her, having sexual intercourse with her. J.H. testified that she had not consented to have sex with him that night. J.H. testified that she tried to push Collins off her, and told him that [793]*793what he was doing was wrong and that he needed to stop. Despite J.H.'s protests, Collins continued to have sex with J.H.

Collins stopped when he heard J.H.'s sister approaching the bedroom. He told J.H.'s sister that he and J.H. had just been talking. J.H. did not contradict Collins or immediately report the sexual assault because she wanted to "forget it ever happened." However, she told her boyfriend the next day that Collins had sexually assaulted her.

Later that day, J.H.'s father received a text message from J.H.'s sister, informing him that Collins had had sex with J.H. When J.H.'s father confronted her about this text message, she began to ery. She told her father that Collins had raped her. J.H. told her father that she had not said anything earlier because she was afraid no one would believe her.

J.H.'s father called the police. Following an investigation, a grand jury indicted Collins for first- and second-degree sexual assault.

Collins did not testify at his trial or present any other witnesses. He contended that the State's evidence supported a reasonable conclusion that J.H. had consensual sex with him, and that she later falsely claimed that she was raped because she was afraid of her father.

The jury convicted Collins of first-degree sexual assault (and acquitted him of second-degree sexual assault). - Superior Court Judge Eric Smith sentenced Collins to twenty-five years with five years suspended-twenty years to serve.

Judge Smith did not commit plain error by limiting evidence related to J.H.'s sex with her boyfriend earlier in the evening of the assault

Collins argues that Judge Smith erred by limiting the evidence he could introduce on the subject of J.H.'s sexual intercourse with her boyfriend on the night of the sexual assault.

After the sexual assault was reported to the police, J.H. was examined by a sexual assault nurse examiner, Astin Mills JH. told Mills that she had been sexually assaulted. She also told Mills that she had consensual sex with her boyfriend earlier in the evening. Mills observed substantial injuries to J.H.'s genital area.

In a pre-trial motion, Collins sought to admit the evidence that J.H. had intercourse with her boyfriend on the evening of the assault, arguing that the evidence was relevant to provide an alternative explanation for J.H.'s injuries. Collins indicated that he might want to call the boyfriend as a witness. The State did not oppose admitting the evidence to provide an alternative explanation for J.H.'s injuries. But the State contended that the identity and age of J.H.'s boyfriend were not relevant.

Judge Smith ruled that Collins could introduce evidence that J.H. had sexual intercourse with her boyfriend through the testimony of J.H. He also ruled that if Collins established that the identity of J.H.'s boyfriend was relevant, or that he needed to introduce more on this subject than J.H.'s testimony, he could make an application to the court to introduce additional evidence.

During the trial, J.H. testified that earlier in the evening, before the sexual assault, she had sex with her boyfriend. In addition, the jury heard a recording in which J.H. told Nurse Mills she had sex that evening with her boyfriend "Nick."

On appeal, Collins argues that Judge Smith erred in not allowing him to introduce additional evidence on J.H.'s prior sexual activity with her boyfriend. He argues that his attorney told the court he wanted to call the boyfriend as a witness. But, as just explained, Collins's attorney only stated that he might want to call the boyfriend as a witness. Moreover, Judge Smith invited Collins to revisit the issue after J.H. testified if he wished to introduce more evidence on the subject, but Collins never asked for any further relief. Collins must therefore show plain error.

We conclude that Judge Smith did not abuse his discretion, much less commit plain error, by limiting the evidence Collins could introduce on the subject of J.H.'s sexual intercourse with her boyfriend. Collins never asked to call J.H.'s boyfriend, and he made [794]*794no offer of proof establishing that the boyfriend's testimony would have benefitted his case. Nor does it appear that Collins preserved his objection to the court's decision to exclude evidence of the boyfriend's last name and age. In any event, this information does not appear to have been particularly probative.

Collins has not shown that Judge Smith abused his discretion by limiting evidence of J.H.'s father's alleged history of violence

Collins's defense at trial was that J.H. falsely claimed Collins raped her because she was afraid of how her father might react if she admitted she had consensual sex with Collins. Collins conceded that there was no evidence that J.H.'s father had ever been violent with J.H., but he sought to introduce evidence that J.H. was aware of her father's history of violence against others.

To resolve this issue, Judge Smith allowed the parties to question J.H. outside the presence of the jury. During this questioning, J.H. testified that her father had never been violent toward her. She testified that, although she had seen her father argue with his former girlfriends, she had never seen those arguments escalate into physical violence.

Based on this testimony, Judge Smith ruled that Collins could ask J.H. if she was afraid of her father. But he ruled that J.H.'s testimony that she had observed her father argue with former girlfriends was not relevant.

When the trial resumed, J.H. testified that she was not afraid of her father. She testified that she had not wanted her father to know about the rape because she simply did not want to deal with all the consequences of reporting a rape.

'On appeal, Collins argues that Judge Smith unduly restricted his cross examination of J.H.

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Cite This Page — Counsel Stack

Bluebook (online)
287 P.3d 791, 2012 Alas. App. LEXIS 162, 2012 WL 5373513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collins-v-state-alaskactapp-2012.