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Whorton v. State

422 So. 2d 812 (Ala. Crim. App. 1982)
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Whorton v. State

21 Citing cases

  1. Skelton v. City of Moody

    987 So. 2d 1184 (Ala. Crim. App. 2008)

    In the absence of a ruling, a request for a ruling, or an objection to the court's failure to rule, this court has nothing to review. Wharton v. State, 422 So.2d 812 (Ala.Crim.App. 1982). Skelton's failure to obtain a ruling on her motion from the circuit court bars this court's consideration of the issue on appeal.

  2. Frazier v. State

    758 So. 2d 577 (Ala. Crim. App. 1999)   Cited 51 times
    Affirming conviction and sentence on direct review

    "'In the absence of any evidence, the mere allegations by counsel that the defendant is incompetent to stand trial do not establish reasonable grounds to doubt the defendant's sanity and warrant an inquiry into his competency. Whorton v. State, 422 So.2d 812 (Ala.Cr.App. 1982).'"

  3. Tankersley v. State

    724 So. 2d 557 (Ala. Crim. App. 1998)   Cited 22 times
    Requiring the instruction only if the jury has been given the impression that the defendant would go free if acquitted by reason of insanity

    "In the absence of any evidence, the mere allegations by counsel that the defendant is incompetent to stand trial do not establish reasonable grounds to doubt the defendant's sanity and warrant an inquiry into his competency. Whorton v. State, 422 So.2d 812 (Ala.Cr.App. 1982)."

  4. Huffman v. State

    706 So. 2d 808 (Ala. Crim. App. 1997)   Cited 12 times
    In Huffman v. State, 706 So.2d 808 (Ala. Crim. App. 1997), the Court of Criminal Appeals held that theft is a crime involving dishonesty for purposes of Rule 609(a)(2).

    Because the appellant did not assert this right in the trial court or allege any prejudice, this issue is not preserved for appeal. "In the absence of a ruling, a request for a ruling, or an objection to the court's failure to rule, this court has nothing to review." Robinson v. State, 441 So.2d 1045, 1048 (Ala.Cr.App. 1983), citing Whorton v. State, 422 So.2d 812 (Ala.Cr.App. 1982). II

  5. Bolden v. State

    568 So. 2d 841 (Ala. Crim. App. 1990)   Cited 25 times
    In Bolden v. State, 568 So.2d 841 (Ala.Crim.App.1989), an appeal from an arson conviction, the defense objected to the State's questions regarding the payment of insurance proceeds associated with previous fires at the home of the defendant.

    "In the absence of a ruling, a request for a ruling, or an objection to the court's failure to rule, we have nothing to review." Whorton v. State, 422 So.2d 812, 813 (Ala.Cr.App. 1982). II

  6. Reeves v. State

    530 So. 2d 894 (Ala. Crim. App. 1988)   Cited 6 times

    See Boykin v. State, 398 So.2d 766, 768 (Ala.Cr.App.), cert. denied, Ex parte Boykin, 398 So.2d 771 (Ala. 1981). Whorton v. State, 422 So.2d 812, 813 (Ala.Cr.App. 1982) ("In the absence of a ruling, a request for a ruling, or an objection to the court's failure to rule, we have nothing to review."). The defendant has filed no motion to correct the record.

  7. Soriano v. State

    527 So. 2d 1367 (Ala. Crim. App. 1988)   Cited 33 times

    In the absence of a ruling, a request for a ruling, or an objection to the court's failure to rule, this court has nothing to review. Whorton v. State, 422 So.2d 812 (Ala.Cr.App. 1982)."

  8. Cliff v. State

    518 So. 2d 786 (Ala. Crim. App. 1988)   Cited 27 times

    In the absence of any evidence, the mere allegations by counsel that the defendant is incompetent to stand trial do not establish reasonable grounds to doubt the defendant's sanity and warrant an inquiry into his competency. Whorton v. State, 422 So.2d 812 (Ala.Cr.App. 1982). See also White v. State, 346 So.2d 22, 25 (Ala.Cr.App.), cert. denied, 346 So.2d 26 (Ala. 1977) (wherein the court held that "the trial judge did not err in finding that, based on the previous verdict of competency, the assertions of the appellant's counsel did not raise a bona fide doubt as to the appellant's competency to stand trial").

  9. McCord v. State

    507 So. 2d 1030 (Ala. Crim. App. 1987)   Cited 13 times

    " 'A defendant has no right to receive a mental examination whenever he [or his attorney] requests one and, absent such right, a motion for psychiatric examination to determine the competency or sanity of an accused is directed to the sound discretion of the trial judge, who must act as a screening agent for such. * * * Common sense, as well as sound legal authority, dictates that the trial judge not grant a psychiatric examination at state expense unless there is some reason to believe the accused was incompetent or insane.' Bailey v. State, 421 So.2d 1364, 1367 (Ala.Cr.App. 1982). '[I]n the absence of any evidence, the mere allegations by counsel that the accused is incompetent to stand trial do not establish "reasonable ground to doubt [defendant's] sanity" which would warrant an inquiry into his competency.' Whorton v. State, 422 So.2d 812, 813 (Ala.Cr.App. 1982)."Whitt v. State, 461 So.2d 29, 31 (Ala.Cr.App. 1984).

  10. Nelson v. State

    511 So. 2d 225 (Ala. Crim. App. 1986)   Cited 77 times   1 Legal Analyses

    In the absence of any evidence, the mere allegations by counsel that the accused is incompetent to stand trial or was insane at the time of the commission of the offense do not establish reasonable grounds to doubt a defendant's sanity which would warrant an inquiry into his competency. Whorton v. State, 422 So.2d 812 (Ala.Cr.App. 1982). All we have are the mere allegations of counsel.