Joiner v. State

Henry Rufus Joiner was convicted of sexual abuse in the first degree of the 12-year-old daughter of his nine-year common law wife, and was sentenced to six years' imprisonment. On appeal, he raises only one issue: whether the fact of a custody hearing for the child in juvenile court stops the state from proceeding criminally against him in this case.

When the child first made complaint, the Baldwin County Department of Pensions and Security investigated and then petitioned the juvenile court for temporary custody of the child. The petition alleged that the child was "dependent" in that she…