Norris v. State
302 Ga. 802
Ga.2018Background
- In April 2014, Joseph Norris, Rachel Strauch, and Tonia Gantt planned a robbery of Michael Patton at Gantt’s home; Norris struck Patton and Gantt with an expandable baton and fatally shot Patton with a .380 handgun during the robbery.
- Investigators recovered drugs/money from the house, a bloodied baton, Norris’s hat and glasses in nearby woods, and later located the firearm after Norris told police where to find it.
- Norris was arrested the next day and gave three separate videotaped confessions/interviews after being Mirandized; he admitted the shooting and guided police to the gun.
- A jury acquitted Norris of malice murder but convicted him of felony murder (based on aggravated assault by shooting), aggravated assault by shooting, and aggravated assault with intent to rob; he received life without parole for felony murder plus consecutive 20-year terms on each aggravated assault.
- Norris appealed, arguing the statements should have been suppressed due to intoxication and that the aggravated assault convictions should have merged into the felony murder conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of videotaped statements (voluntariness/intoxication) | Norris: statements involuntary because he was intoxicated during interviews | State: Norris was coherent, understood Miranda rights, and validly waived them; intoxication alone doesn't make statements involuntary | Court: Videotapes and testimony show Norris was alert, oriented, waived Miranda knowingly; statements admissible |
| Merger: whether aggravated assault by shooting merges into felony murder | Norris: both aggravated assault convictions should merge into felony murder for sentencing | State: At least one aggravated assault (intent to rob) required proof different from felony murder elements | Court: Aggravated assault by shooting (the predicate felony) must merge into felony murder; conviction/victim sentence vacated; aggravated assault with intent to rob does not merge and remains valid |
| Sufficiency of the evidence | Norris: (not challenged on appeal) | State: evidence supported convictions beyond reasonable doubt | Court: On review, evidence sufficient to support convictions under Jackson v. Virginia |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (sets standard for appellate sufficiency review)
- Miranda v. Arizona, 384 U.S. 436 (Miranda warning and waiver principles)
- Jackson v. Denno, 378 U.S. 368 (procedure for determining voluntariness of confessions)
- Jones v. State, 285 Ga. 328 (intoxication does not automatically render confession involuntary)
- Lewis v. State, 298 Ga. 889 (totality-of-circumstances standard for Miranda waiver at Jackson-Denno hearing)
- Benton v. State, 302 Ga. 570 (de novo review where videotape controls facts)
- McNeely v. State, 296 Ga. 422 (predicate felony merges into felony murder)
- Dublin v. State, 302 Ga. 60 (merger analysis under OCGA §§ 16-1-6 and 16-1-7)
- Favors v. State, 296 Ga. 842 (merger and differing elements analysis)
- Thomas v. State, 292 Ga. 429 (elements-based merger analysis)