Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Johnson v. State

Court of Appeals of Mississippi

May 14, 2019

VADELL JOHNSON A/K/A VADELL C. JOHNSON APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 05/15/2017

          BOLIVAR COUNTY CIRCUIT COURT, SECOND JUDICIAL DISTRICT TRIAL JUDGE: HON. LINDA F. COLEMAN

          ATTORNEY FOR APPELLANT: AZKI SHAH

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL LISA L. BLOUNT

          DISTRICT ATTORNEY: BRENDA FAY MITCHELL

          BEFORE J. WILSON, P.J., GREENLEE AND McCARTY, JJ.

          GREENLEE, J.

         ¶1. Vadell Johnson was convicted of murder, aggravated assault, and possession of a firearm by a felon after a jury trial in the Circuit Court of the Second Judicial District of Bolivar County. Johnson was sentenced to life for his murder conviction, ten years for his aggravated-assault conviction, and one year for his felon-in-possession conviction to be served in the custody of the Mississippi Department of Corrections.

         ¶2. Following the denial of his motion for judgment of acquittal notwithstanding the verdict or, in the alternative, a new trial, Johnson appealed. Johnson asserts that the trial court erred by denying his post-trial motion because the jury's verdicts were not supported by sufficient evidence and were against the overwhelming weight of the evidence. He also asserts that he was denied a fair trial because several jurors failed to disclose that they knew the victim(s). Finding no error, we affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶3. Around 1:00 a.m. on July 1, 2010, a shooting occurred at Fermier's Club in Cleveland, Mississippi. Vadell Johnson was later arrested and charged with the murder of Scottie Tutwiler Jr., the aggravated assault of Damien Story, the aggravated assault of Demonte Cox, and the possession of a firearm by a felon.

         ¶4. At Johnson's trial, Corvet Robinson testified that she saw Johnson at the club that night. According to Robinson, Johnson was her cousin, and he asked her to introduce him to the rest of her "kinfolk in case some s[***] kick off . . . in the club." Robinson did not know what Johnson meant, but she introduced him to a few people and then went to get a drink from the bar. As Robinson was walking to the bar, she heard gunshots. But Robinson did not know if Johnson was the shooter. After the shooting, Robinson saw Tutwiler outside. Tutwiler had been shot while he was inside the club, which ultimately caused his death.

         ¶5. Story was also shot that evening. Story testified that when he arrived at the club, he spoke with Tutwiler and Cox. Then Robinson introduced him to Johnson, but Story "really [didn't] pay. . . him no mind." He and Johnson spoke "for a minute or so," and then Story walked away. Story testified that after he finished speaking with Johnson, he was shot in the arm. When Story turned around to see who shot him, he saw Johnson with a gun in his hand. According to Story, everyone started running after the gunshot, which caused him to fall. And then Johnson stood over him and shot him again.

         ¶6. Story admitted that he could not identify the shooter while he was in the hospital. But he explained that he was on Morphine and was in a lot of pain at the time. Story testified that he was shown a photo lineup several days later, and he identified Johnson as the shooter. At trial, Story also identified Johnson as the shooter. Although Story did not see Tutwiler get shot, he testified that Johnson was the only person he saw with a gun, and he did not hear any other guns.

         ¶7. Chief Investigator George Serio with the Cleveland Police Department testified that, during the investigation, a witness told him that the shooter had gold teeth. But he could not recall if Johnson had gold teeth when he was arrested several days after the shooting. Yet ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.