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Whitner v. State

Defendant could not ask potential jurors whether they believed the insanity defense was a "cop-out" and whether they would reject such a defense based on their personal beliefs.

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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 Barrow 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.

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