Whitner v. State, 584 S.E.2d 247 (Ga. 2003). · Go Syfert
Whitner v. State, 584 S.E.2d 247 (Ga. 2003). Cases Citing This Book View Copy Cite
30 citation events (30 in the last 25 years) across 2 distinct courts.
Strongest positive: Walmart Stores East, Lp v. Bettie Leverette (gactapp, 2024-05-10)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 11 distinct citers. How cited ↗
examined Cited as authority (quoted) Walmart Stores East, Lp v. Bettie Leverette (2×) also: Cited "see"
Ga. Ct. App. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
cross-examination of defense expert concerning the number of times he has been hired by defense counsel and how much he was paid was appropriate to show that the objectivity of the witness may have been clouded
discussed Cited as authority (rule) CHRYSLER GROUP LLC v. WALDEN
Ga. · 2018 · confidence medium
Proper applications of OCGA § 24-9-68 included the ability to question an opposing party’s expert witness about how often he had been hired by the counsel in the case and how much he had been paid, Whitner v. State, 276 Ga. 742, 745 ( 584 SE2d 247 ) (2003), disapproved on other grounds by Ledford v. State, 289 Ga. 70, 84 ( 709 SE2d 239 ) (2011), to question witnesses about reduction in prison time in exchange for cooperating with the State, State v. Vogleson, 275 Ga. 637, 639 ( 571 SE2d 752 ) (2002), and to elicit evidence that an employee witness received a promotion and pay increase as a …
discussed Cited as authority (rule) Jones v. State
Ga. · 2017 · confidence medium
Jami claims that this testimony was not relevant to any material issue, but we have held that “[t]he State’s cross-examination of [an expert witness] concerning the number of times [s]he had been hired by defense counsel and how much [s]he was paid was appropriate to show that the objectivity of the witness may have been clouded.” Whitner v. State, 276 Ga. 742, 745 (4) ( 584 SE2d 247 ) (2003) (citation omitted), disapproved of on other grounds by Ledford v. State, 289 Ga. 70, 85 (14) ( 709 SE2d 239 ) (2011). 9 As a result, the only portion of the testimony at issue that may have been irr…
discussed Cited as authority (rule) Jones v. State
Ga. · 2017 · confidence medium
Jami claims that this testimony was not relevant to any material issue, but we have held that “[t]he State’s cross-examination of [an expert witness] concerning the number of times [s]he had been hired by defense counsel and how much [s]he was paid was appropriate to show that the objectivity of the witness may have been clouded.” Whitner v. State, 276 Ga. 742, 745 (4) ( 584 SE2d 247 ) (2003) (citation omitted), disapproved of on other grounds by Ledford v. State, 289 Ga. 70, 85 (14) ( 709 SE2d 239 ) (2011).9As a result, the only portion of the testimony at issue that may have been irrel…
discussed Cited as authority (rule) White v. State (2×)
Ga. Ct. App. · 2012 · confidence medium
See Ledford, supra (statement was not an improper comment, but a proper exercise of the trial court’s duty to manage the trial proceedings and to ensure the well-being of jury); Walker v. State, 282 Ga. 774, 777 (4) ( 653 SE2d 439 ) (2007) (comments made in the course of ruling on objections are generally not the type of comments prohibited by OCGA § 17-8-57), disapproved on other grounds, Ledford, supra; Appling v. State, 281 Ga. 590, 592 (4) ( 642 SE2d 37 ) (2007) (mere explanation of trial court’s ruling upon an objection did not constitute the type of judicial comment prohibited by OC…
discussed Cited as authority (rule) Ledford v. State
Ga. · 2011 · confidence medium
The State notes that Ledford made no objection to the trial court’s statement, and the State relies on the proposition that “the issue of whether OCGA § 17-8-57 was violated is not reached unless an objection or motion for mistrial is made on that ground.” Whitner *85 v. State, 276 Ga. 742, 744-745 (3) ( 584 SE2d 247 ) (2003).
discussed Cited as authority (rule) Dixon v. State
Ga. Ct. App. · 2007 · confidence medium
Johnson, P. J., and Mikell, J., concur. 1 Everritt v. State, 277 Ga. 457 ( 588 SE2d 691 ) (2003). 2 Panzner v. State, 273 Ga. App. 868 ( 616 SE2d 201 ) (2005). 3 Price v. State, 280 Ga. 193, 195 (2) ( 625 SE2d 397 ) (2006). 4 Short v. State, 234 Ga. App. 633, 634 (1) ( 507 SE2d 514 ) (1998). 5 Pye v. State, 274 Ga. 839, 840 (2) ( 561 SE2d 109 ) (2002), citing Jackson v. Virginia, 443 U. S. 307 (99 SC 2781,61 LE2d 560) (1979); see OCGA§ 16-10-24; Gordon v. State, 199 Ga. App. 704, 705 (2) ( 406 SE2d 110 ) (1991). 6 See generally Whitner v. State, 276 Ga. 742, 744 (3) ( 584 SE2d 247 ) (2003); J…
discussed Cited as authority (rule) Meeker v. State
Ga. Ct. App. · 2006 · confidence medium
Clough, Assistant District Attorney, for appellee. 1 OCGA§ 16-10-24 (b). 2 OCGA§ 16-10-24 (a). 3 OCGA§ 16-7-24 (a). 4 Short v. State, 234 Ga. App. 633, 634 (1) ( 507 SE2d 514 ) (1998). 5 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 6 Panzner v. State, 273 Ga. App. 868, 869-870 ( 616 SE2d 201 ) (2005). 7 Wilson v. State, 270 Ga. App. 555, 556-557 ( 607 SE2d 197 ) (2004). 8 Weldon v. State, 262 Ga. App. 854 (1) ( 586 SE2d 741 ) (2003). 9 Whitner v. State, 276 Ga. 742, 744 (3) ( 584 SE2d 247 ) (2003). 10 Paul v. State, 272 Ga. 845, 848-849 (3) ( 537 SE2d 58 ) (2000). 11…
discussed Cited as authority (rule) Byrd v. State
Ga. · 2004 · confidence medium
The appeal was submitted for decision on briefs on September 8, 2003. 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 Anderson v. State, 276 Ga. 389, 390 ( 578 SE2d 890 ) (2003); Wilson v. State, 271 Ga. 811, 815 ( 525 SE2d 339 ) (1999). 4 Anderson, 276 Ga. at 390 , quoting Holmes v. State, 269 Ga. 124, 126 ( 498 SE2d 732 ) (1998). 5 Corza v. State, 273 Ga. 164, 166 ( 539 SE2d 149 ) (2000) (“For a juror to be excused for cause, it must be shown that he or she holds an opinion of the guilt or innocence of the defendant that is so fixed and definite that the juror will…
discussed Cited as authority (rule) Smith v. State
Ga. Ct. App. · 2004 · confidence medium
However, the issue of whether OCGA § 17-8-57 was violated is not reached unless an objection or motion for mistrial is made on that ground. [Cits.] Because [Smith] failed to make the proper objection at trial, the right to raise this issue on appeal has been waived.” Whitner v. State, 276 Ga. 742, 744 (3) ( 584 SE2d 247 ) (2003).
examined Cited "see, e.g." Sims v. State (4×)
Ga. · 2005 · signal: see also · confidence medium
See also Whitner v. State, 276 Ga. 742, 745 (6) ( 584 SE2d 247 ) (2003); Boswell v. State, 275 Ga. 689, 691 (2) ( 572 SE2d 565 ) (2002).
Retrieving the full opinion text from the archive…
Whitner
v.
the State
S03A0599.
Supreme Court of Georgia.
Jul 10, 2003.
584 S.E.2d 247
2003 Ga. LEXIS 627
William E. Nethery, for appellant., J. Tom Morgan, District Attorney, Jeanne M. Canavan, Rosemary Brewer, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Jennifer S. Gill, Assistant Attorney General, for appellee.
Thompson.
Cited by 15 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 64%
Citer courts: Court of Appeals of Georgia (1)
Thompson, Justice.

A jury found Tim Whitner guilty of the murder of Ranson Clark, Jr. and the aggravated assault of Norris Barrow. [1] At trial, Whitner admitted committing the crimes, but asserted that he was legally insane at the time. On appeal, Whitner challenges several rulings of the trial court which relate to his defense of insanity. Finding no error, we affirm.

Throughout the day in question, Whitner, along with Ranson Clark, Jr., Norris Barrow, Michael Avery, and Jennifer Mostiller, consumed alcohol and cocaine at Barrow’s home. At about 3:00 a.m., Whitner was in the living room with Clark who was asleep on a sofa; Avery, Mostiller, and Barrow were in a back room. Suddenly a commotion was heard in the living room and Clark shouted, “Tim, why you [sic] doing this to me.” The others ran into the living room and observed Whitner, armed with a knife, standing over Clark. As Bar[*743] row approached the living room, he was confronted by Whitner who stabbed him several times. The witnesses did not hear an argument take place between Whitner and Clark prior to the stabbing, nor did they observe strange behavior on Whitner’s part that night.

All the occupants fled from the house, except for Whitner and Clark, who was mortally wounded. The police were summoned and Whitner let them into the house, telling them that he had just killed someone. The responding officer described Whitner’s demeanor as calm, coherent, and cooperative.

Clark had been stabbed 22 times and he died from his injuries. Barrow collapsed from his injuries a short distance from the house.

At trial, the various psychiatric and psychological experts disagreed on Whitner’s primary diagnosis. The defense experts, Drs. Risby and Currie, diagnosed Whitner with psychosis and cocaine dependence. Dr. Currie concluded that Whitner was psychotic when he committed the crimes and was unable to distinguish right from wrong. Dr. Sapp, the State’s expert, determined that Whitner was cocaine dependent and that he suffered from a substance induced psychotic disorder during intoxication, but that he was not delusional and knew the difference between right and wrong during his commission of the crimes.

1. Whitner contends that the trial court erred in restricting his inquiry during voir dire into the biases and prejudices of three prospective jurors regarding the insanity defense.

Preceding the voir dire, Whitner’s counsel sought a ruling from the court permitting him to pose a series of follow-up questions to any juror who may express strong feelings about the insanity defense. Those included whether the juror believed the insanity defense to be a “cop-out,” whether it is abused and should be abolished, and whether the juror would reject such a defense based on their personal beliefs. Citing Waters v. State, 248 Ga. 355 (3) (283 SE2d 238) (1981), the prosecutor argued that it would be improper to test the willingness of the jurors to accept Whitner’s defense as such would be akin to asking them to prejudge the case. After extensive colloquy, the court ruled that Whitner would be permitted to ask whether the jurors could consider an insanity defense and the possible verdict of not guilty by reason of insanity, if so instructed by the court.

Two of the three jurors in question expressed “difficulty” or “opposition in principle” to a possible verdict of not guilty by reason of insanity, but both acknowledged that they would follow the law as it is given to them. The third juror responded that she is “a little bit leery” of an insanity defense, based on her perception of television and news reports.

In Waters, supra, the defense sought to ask a prospective juror[*744] whether, if the defendant admits his guilt, she could consider evidence that he “wasn’t in his right mind” when he committed the crime. This Court acknowledged that “[v]oir dire should allow both parties an opportunity to ascertain the ability of the prospective jurors to decide the case on its merits, with objectivity and freedom from bias and prior inclination.” Id. at 363. However, we admonished trial courts to be cautious in allowing counsel to pose questions which ask jurors to assume that certain facts will be proven. That is because such questions may require prejudgment of the case, and may tend to improperly influence the jurors. In Waters, the trial court permitted counsel to inquire whether the juror would consider an insanity defense if so instructed by the court. Where the juror stated that she could consider the case based on the evidence presented and the charge of the court, we found no error in limiting the questioning on voir dire.

The conduct of voir dire is within the sound discretion of the trial court, and the court’s rulings are proper absent some manifest abuse of that discretion. Hamilton v. State, 274 Ga. 582 (2) (555 SE2d 701) (2001); Gatlin v. State, 236 Ga. 707 (2) (225 SE2d 224) (1976). In the present case, none of the three jurors in question expressed any bias or prejudice against the defendant, nor did they demonstrate that they could not set aside their uncertainties about the validity of an insanity defense and consider the case on the merits. See Godfrey v. Francis, 251 Ga. 652 (9) (308 SE2d 806) (1983) (a juror who expressed “qualms” about accepting a defense of insanity was not automatically incompetent to serve). We conclude that the trial court’s ruling in the present case was consistent with our holding in Waters, supra, and did not amount to an abuse of the court’s discretion.

2. In light of our ruling above, any claim that the trial court erred in refusing to strike the three jurors for cause is without merit. See Godfrey, supra.

3. Whitner asserts that the trial court violated OCGA § 17-8-57, which prohibits the court from expressing or intimating its opinion as to what has or has not been proved or as to the guilt of the accused. However, the issue of whether OCGA § 17-8-57 was violated is not reached unless an objection or motion for mistrial is made on that ground. Rowe v. State, 266 Ga. 136 (2) (464 SE2d 811) (1996); Walker v. State, 258 Ga. 443 (3) (370 SE2d 149) (1988); State v. Griffin, 240 Ga. 470 (241 SE2d 230) (1978). Because Whitner failed to make the proper objection at trial, the right to raise this issue on appeal has been waived. Rowe, supra. Even if the issue were preserved, none of the comments cited could possibly be construed as impermissible statements of opinion or as to the guilt of the accused. At most, the statements were nothing more than commentary on the[*745] lengthy examination of witnesses, and the court’s attempt to regulate the proceedings.

4. During cross-examination of defense expert Dr. Currie, the State attempted to show that the witness was motivated by pecuniary interests and that defense counsel had employed Dr. Currie as an expert in other cases. Whitner submits that the court erred in restricting his redirect examination of the witness to refute the prosecutor’s allegations on cross.

“The state of a witness’s feelings toward the parties and his relationship to them may always be proved for the consideration of the jury.” OCGA § 24-9-68. The State’s cross-examination of Dr. Currie concerning the number of times he had been hired by defense counsel and how much he was paid was appropriate to show that the objectivity of the witness may have been clouded. Id. The record does not reflect, however, that Whitner’s redirect examination of Dr. Currie was impermissibly curtailed. Accordingly, we find no error.

5. Whitner’s contention that the prosecutor made improper comments during closing argument is waived by the failure to raise any objection at trial. Barner v. State, 276 Ga. 292 (2) (578 SE2d 121) (2003); Mullins v. State, 270 Ga. 450 (2) (511 SE2d 165) (1999).

6. Whitner submits that he carried his burden of proving by a preponderance of the evidence, including the testimony of Drs. Risby and Currie, that he was insane and did not know right from wrong when he committed the crimes.

Defendants are presumed sane, and a defendant claiming insanity bears the burden to prove [his] insanity by a preponderance of the evidence. Because the jury rejected [Whitner’s] insanity defense at trial, we must determine on appeal “whether, after reviewing the evidence in the light most favorable to the [S]tate, a rational trier of fact could have found that the defendant failed to prove by a preponderance of the evidence that [he] was insane at the time of the crime.” Unless the evidence of insanity is overwhelming, the jury’s determination that the defendant was sane should be upheld.

Boswell v. State, 275 Ga. 689, 691 (2) (572 SE2d 565) (2002).

The testimony of a State expert that Whitner knew right from wrong at the time of the crimes, coupled with the testimony of arresting officers that he appeared rational immediately thereafter, is sufficient to authorize a rational juror to find that Whitner failed to prove his insanity by a preponderance of the evidence. Foote v. State, 265 Ga. 58 (1) (455 SE2d 579) (1995). As the evidence of insanity was hardly overwhelming, the jury’s verdict will be affirmed. Boswell, [*746] supra at 691.

Decided July 10, 2003. William E. Nethery, for appellant. J. Tom Morgan, District Attorney, Jeanne M. Canavan, Rosemary Brewer, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Jennifer S. Gill, Assistant Attorney General, for appellee.

In addition, the evidence was sufficient to enable a rational trier of fact to find Whitner guilty beyond a reasonable doubt of murder and aggravated assault under the standard of Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

Judgment affirmed.

All the Justices concur.
1

The crimes took place on May 9, 1998. Whitner was indicted for malice murder, felony murder while in the commission of an aggravated assault, and aggravated assault. Trial commenced on November 1, 1999, and on November 5, 1999, a jury found Whitner guilty as charged. He was sentenced on the same day to life imprisonment for malice murder, plus 20 consecutive years for aggravated assault. A motion for new trial was filed on December 6, 1999, amended on July 29, 2002, and denied on October 29, 2002. A timely notice of appeal was filed. The case was docketed in this Court on December 31, 2002, and was submitted for a decision on briefs on April 14, 2003.