DEVIN LADARIOUS ARRINGTON a/k/a DEVIN LADARIUS ARRINGTON a/k/a DEVIN ARRINGTON
STATE OF MISSISSIPPI
OF JUDGMENT: 09/11/2017
COUNTY CIRCUIT COURT HON. CELESTE EMBREY WILSON TRIAL JUDGE.
COURT ATTORNEYS: ANGELA MARIE HUCK ROBERT R. MORRIS MICHAEL
DARIN VANCE BERNARD C. JONES, JR. ASHLEY D. JONES
ATTORNEYS FOR APPELLANT: BERNARD C. JONES, JR. ASHLEY D.
ATTORNEYS FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
BARBARA WAKELAND BYRD
Devin Ladarious Arrington was indicted by a DeSoto County
grand jury for armed robbery. After jury selection, Arrington
requested a continuance to allow him to retain new counsel,
which was denied. During his attorney's opening
statement, Arrington interrupted and declared that he did not
want his counsel to continue representing him. After a jury
trial, Arrington was found guilty. Arrington filed a Motion
for J.N.O.V. or, in the Alternative, Motion for New Trial,
which was also denied. Arrington now appeals. We affirm
AND PROCEDURAL HISTORY
The facts surrounding the incident on November 29, 2014, are
disputed. Arrington claimed he saw Janauris Blanch and
confronted him because he believed Blanch had broken into his
home in the past. Arrington testified that Blanch pulled a
gun and that they got into a "scuffle." Arrington
contends that he eventually got possession of the gun by
grabbing a Dillards bag that the gun was on top of. The bag
contained a Polo-brand shirt that Blanch had purchased
earlier that day. Arrington claims that he then fled the
scene with both the gun and the bag.
On the other hand, Blanch testified that when he arrived at
his home, he noticed an unfamiliar car parked in front of his
neighbor's house. A party was taking place in the
neighborhood,  but Blanch found the parked car odd
because his neighbor did not allow people to park in front of
his house. Although Blanch claimed he was nervous about
exiting his vehicle, he nevertheless decided to go inside.
Blanch testified that Arrington, whom he did not know, exited
the car, approached him, pointed a gun at him, robbed him,
got in his vehicle, and fled the scene.
Shortly after the incident, Blanch reported the alleged
robbery, and Arrington was stopped by an officer with the
Southaven Police Department. An AR-15-type rifle, a black
duffle bag, a gray hoodie, a black mask, a Glock handgun, and
a Dillards bag containing a Polo-brand shirt were found in
the trunk. Arrington was indicted for armed robbery on
February 10, 2015.
After a number of continuances, trial was held on April 18,
2017. After the jury had been selected, Arrington requested
yet another continuance. Arrington contended that he needed a
continuance to retain new representation because he learned
that his attorney, Darin Vance, had not hired a private
investigator to seek out potential witnesses. Arrington
testified that Vance had told him that he would hire a
private investigator. But Vance contended that the day before
trial was the first time Arrington had brought up hiring a
private investigator. Vance also said that he interviewed the
known witnesses and was unaware of any other potential
witnesses to the incident. Arrington told the trial court
judge that, the day before trial, Vance had told him that he
was not prepared. Vance denied ever saying that he was not
prepared for trial. The trial court denied Arrington's
request for a continuance.
Arrington was found guilty as charged and filed a Motion for
J.N.O.V. or, in the Alternative, Motion for New Trial, which
was denied. Arrington now appeals.