Hunt v. State, 81 So. 3d 1141

Hunt was convicted in Lowndes County Circuit Court on May 18, 2010, of statutory rape and sentenced to 25 years in MDOC.
Victims J.B. (15) and S.B. (16) lived with their mother; Hunt abused J.B. beginning in 2003 across multiple states including Mississippi.
J.B. testified at trial about long-term abuse; S.B. testified to witnessing sexual intercourse with Hunt.
Hunt was apprehended in 2009 after investigation; trial occurred May 17–18, 2010; both victims testified while aged 18 and 20 respectively.
Hunt challenged: (a) State witness testimony about Hunt’s post-arrest silence, (b) use of Youth Court adjudication, (c) weight/sufficiency of evidence.
The record shows issues were deemed waived or not properly preserved; trial court conducted curative actions in some instances.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Post-arrest silence testimony preserved	Hunt argues the State's reference to his post-arrest silence denied due process.	Hunt contends the silence was improper and could prejudice the defense.	Harmless error; no reversal required.
Youth Court adjudication testimony error	Testimony about youth court adjudications is improper impeachment evidence.	Curative instruction and objection should cure any prejudice; no error.	No error; curative instruction properly mitigated prejudice.
Penetration proof sufficiency	Testimony of intercourse suffices to prove penetration even without explicit 'penetration' word.	No explicit penetration term required if ordinary testimony shows it occurred.	Sufficient evidence supported penetration element; conviction upheld.
Weight of the evidence	Verdict contrary to overwhelming weight of the evidence.	Evidence does support the verdict; no miscarriage of justice.	Not against the weight of the evidence; affirmed.
Waiver and preservation of issues	Issues should be reviewed on merits despite procedural defects.	Waived due to failure to preserve issues with a motion for new trial or JNOV.	Waived or denied on preservation grounds; issues not reviewable on merits.

Doyle v. Ohio, 426 U.S. 610 (Supreme Court, 1976) (pretrial/post-arrest silence comments violate due process)
McGrone v. State, 807 So.2d 1232 (Miss. 2002) (silence may be admissible on impeachment if defendant testifies; not when defendant remains silent)
Brecht v. Abrahamson, 507 U.S. 619 (Supreme Court, 1993) (harmless-error standard applies to constitutional violations)
Chapman v. California, 386 U.S. 18 (Supreme Court, 1967) (harmless-error inquiry governs reversal where error occurred)
Evans v. State, 422 So.2d 737 (Miss. 1982) (Youth Court Act Article; impeachment limits)
Wright v. State, 540 So.2d 1 (Miss. 1989) (standard for reviewing sustained objections and curative instructions)
Edwards v. State, 737 So.2d 275 (Miss. 1999) (jury follow instructions; preserved error analysis)
Qualls v. State, 947 So.2d 365 (Miss. 2007) (preservation of record requirement for appellate review)
Brown v. State, 965 So.2d 1023 (Miss. 2007) (contemporaneous objection requirement to preserve error)
Hansen v. State, 592 So.2d 114 (Miss. 1991) (record must show reversible error; presiding records vital)
Austin v. State, 971 So.2d 1286 (Miss. Ct. App. 2008) (preservation and procedural requirements on appeal)