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Joiner v. State

Court of Appeals of Mississippi

November 5, 2019

NADARIUS JOINER A/K/A BLACK APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 09/13/2018

          QUITMAN COUNTY CIRCUIT COURT TRIAL JUDGE: HON. LINDA F. COLEMAN

          ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: MOLLIE MARIE McMILLIN

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: BARBARA WAKELAND BYRD

          DISTRICT ATTORNEY: BRENDA FAY MITCHELL

          BEFORE BARNES, C.J., McCARTY AND C. WILSON, JJ.

          McCARTY, J.

         ¶1. Nadarius Joiner was convicted of armed robbery and sentenced to serve seven years in the custody of the Mississippi Department of Corrections. Finding no arguable issue on appeal, Joiner's appellate counsel filed a brief pursuant to Lindsey v. State, 939 So.2d 743 (Miss. 2005). Joiner was given additional time to file a supplemental brief but did not do so. After thoroughly reviewing the record in this case, we conclude that there are no reversible issues and affirm Nadarius's conviction and sentence.

         FACTS

         ¶2. Late one winter evening, a dozen or so people met up at an apartment in Crenshaw, which is located in Quitman County. They were there to play dice games. Among the dozen men were Bill Tribble, Candid Mamon, and Lacy White. White and Mamon played craps; however, Tribble did not have any money to gamble with.

         ¶3. After a few hours, the men left the apartment and were "bum-rushed" by Nadarius Joiner, Printess Joy, and Cornelius Joiner. The three attackers had been at the apartment earlier, where Nadarius had lost money to Mamon.

         ¶4. Mamon testified that Nadarius ran toward him with a gun, said "you know what time it is," and hit him. Once he was on the ground, Printess stood over Mamon and took money out of his pocket. During this time, Mamon could see White being held at gunpoint by Printess and Cornelius, but he did not see anyone touch White or take anything from him.

         ¶5. Following the altercation, the victims drove to the police station to file a report. After Detective Daryl Linzy took statements from each of the men, he went to the apartment complex looking for Nadarius, Cornelius, and Printess. He located Printess that night. All three men were arrested within a week or so of the robbery. Detective Linzy prepared photo lineups to present to Tribble and Mamon; both men identified Nadarius in the lineups.

         ¶6. Nadarius, Printess, and Cornelius were indicted by a grand jury on two counts of armed robbery. At trial, Tribble testified that Nadarius pointed a gun at him, but he did not see anything else. On cross-examination, Tribble ...


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