Joseph Hercules Norton v. State
07-16-00448-CR
| Tex. | Jun 19, 2017Background
- Norton is serving a life sentence for 1994 capital murder.
- He moved for DNA testing under Chapter 64 on items beyond two ordered items.
- The trial court ordered testing on his jeans and the victim’s known blood and reserved on other items.
- After testing, results were unfavorable to Norton, and the court denied additional testing.
- Norton appealed the denial, arguing broader DNA testing could show a third party at the scene; the State contends the court properly limited testing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Limitation of DNA testing to jeans and victim’s blood | Norton argues other items could reveal a third party. | State contends additional testing would not exonerate Norton. | No error; limitation upheld. |
Key Cases Cited
- Birdwell v. State, 276 S.W.3d 642 (Tex.App. - Waco 2008) (standard for DNA testing and deference to trial court on factual issues)
- Rivera v. State, 89 S.W.3d 55 (Tex.Crim.App. 2002) (standard for reviewing DNA testing orders)
- Prible v. State, 245 S.W.3d 466 (Tex.Crim.App. 2008) (third-party DNA not exculpatory when defendant already linked to crime)
- Jacobs v. State, 294 S.W.3d 192 (Tex.App. - Texarkana 2009) (exculpatory value required for broader testing)