Norris, Michael Wayne, 390 S.W.3d 338

Applicant Norris was convicted of capital murder of a mother and her two-year-old son and sentenced to death.
On direct appeal Norris challenged transferred-intent instructions, arguing the law did not apply to his case.
This Court rejected Norris’s transferred-intent challenge on direct appeal, relying on the Norris framework allowing application to a bystander.
Roberts v. State later held Norris to be overruled to the extent it allowed single intent to support two deaths, constraining transferred intent.
Norris sought relief in a habeas corpus proceeding based on Roberts, arguing Roberts entitles relief.
The Court ultimately overruled Norris to the extent Roberts requires, and denied relief, clarifying discrete intents and actions remain necessary for multi-victim capital murder.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does Roberts overrule Norris on transferred intent?	Roberts overrules Norris, entitling relief.	Norris remains valid where appropriate and transferred intent can apply in some multi-death scenarios.	Roberts overruled Norris to the extent described; relief denied.
Can transferred intent support two deaths from separate acts with distinct intents?	Two discrete intents can lead to two deaths; transferred intent applies.	Only if there is proof of intent to kill the same number of persons who died; not otherwise.	Separate acts with separate intents can support two murders; relief denied.

Norris v. State, 902 S.W.2d 428 (Tex. Crim. App. 1995) (transferred-intent framework applied to multi-victim scenarios (prior holding))
Roberts v. State, 273 S.W.3d 322 (Tex. Crim. App. 2008) (overruled Norris to limit use of a single intent for two deaths; permits discrete intents)