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Hunt v. State

Defendant could not rely on Neil v. Biggers, 409 U. S. 188 1972, to argue against the admissibility of two witnesses' in-court identification of him, since Neil addressed only the admissibility of out-of-court identifications.

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A jury convicted Calvin Hunt of malice murder in the shooting death of David Miller.1 Hunt appeals and raises several issues, none of which are meritorious. Accordingly, we affirm. The evidence at trial showed that the victim was involved in a relationship with Pat Maben, who had formerly dated Rolando Jones. In mid July, 1997, the victim and Jones had two altercations over Maben. Several days later, Keith Dillingham,2 Jones, and the appellant, Hunt, drove to the home of the victim’s sister. The victim was sitting on the front porch with his sister. Dillingham and Hunt got out of the car, while Jones remained in the car. Dillingham walked onto the porch and began threatening the victim if he did not leave Jones alone. Hunt, meanwhile, had walked up to the front porch and spoken to the victim’s sister, whom he had known for many years. Then Hunt suddenly pulled a gun and shot the victim, killing him.

At trial, the victim’s sister identified Hunt as the man who shot her brother, and the State introduced evidence of a photo-lineup in which the sister had also identified Hunt as the shooter. The State also presented two witnesses who had spoken with Jones and Dillingham immediately prior to the shooting and who identified Hunt as the man who was with Jones and Dillingham at the time. Hunt was convicted and sentenced for malice murder and possession of a firearm during the commission of a felony.

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