Collins (Lesean) vs. State (Nev. Supreme Ct. – Nov. 22, 2017)

A jury convicted Collins of robbery and first-degree murder, for which he was sentenced to life in prison without the possibility of parole. On appeal, Collins argued, among other issues, that the testimony of the lead investigator in the case violated the rule against a witness giving an opinion on a defendant’s guilt.

Four days after Payton went missing, two ATV riders discovered her decomposed body in a ravine. Drag marks led through the dirt and brush to the body. No purse, wallet, cell phone, or means of identification or transportation were found. Payton’s shirt was pulled up over her head, and she was shoeless. Three of her acrylic fingernails had broken off – two were found at the scene – and one of her pockets was inside out. Some nearby rocks had blood on them.

Payton’s sister identified her body. Although identifiable, the body had decomposed too much for the coroner to definitively state the cause of death. The autopsy established that before she died, Payton sustained three blows to her head from a rod-like instrument. While the blows did not fracture Payton’s skull, they were strong enough to render her unconscious. The coroner deemed Payton’s death consistent with asphyxiation or being locked in the trunk of a car in southern Nevada’s late summer heat.

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