Norton v. State
293 Ga. 332
| Ga. | 2013Background
- Norton appeals his convictions and sentences for malice murder, arson, attempted concealing death, and firearm offenses in Amy Ayers' death.
- Amy was Norton’s live-in girlfriend; David Ayers is Amy’s ex-husband with whom she shared two children.
- Amy’s house fire on October 30, 2007 left a burned body, duct tape, a sheet, and removed smoke detectors; shotgun had been involved. Debris tested positive for gasoline.
- Norton claimed during police interview that a struggle over a sawed-off shotgun occurred and he later admitted to burning the body and moving it; shotgun allegedly disposed in a lake.
- The defense challenged the Miranda waiver and surrounding Jackson-Denno issues; the court conducted hearings and admitted the interview evidence after denying suppression.
- The trial court also admitted autopsy photos and allowed a closing-argument demonstration with a wood piece representing the shotgun; jury later viewed Norton’s video confession with a transcript in the jury room.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of the Norton interview after Jackson-Denno | Norton argues the waiver was not knowing due to intoxication. | Trial court properly applied totality of circumstances and denial of suppression was correct. | No reversible error; interview admissible. |
| Admissibility of autopsy photographs | Photos are prejudicial and unnecessary beyond autopsy context. | Photos are necessary to explain shotgun pellet trajectory and rebut accident. | Photographs properly admitted to show material facts. |
| Closing demonstration and rebuttal argument | Demonstration during closing was improper overreach. | Demonstration was within permissible argument; no new evidence. | No abuse of discretion; no reversible error. |
| Ineffective assistance of counsel | Counsel had conflicts and failed to investigate; prejudice shown. | No actual conflict or prejudice; investigations and strategy were reasonable. | Claims fail; no reversible prejudice established. |
Key Cases Cited
- Jackson v. Virginia, 443 U. S. 307 (U.S. 1979) (standard for sufficiency of evidence)
- Jones v. State, 285 Ga. 328 (Ga. 2009) (Jackson-Denno admissibility with totality of the circumstances)
- Brown v. State, 250 Ga. 862 (Ga. 1983) (autopsy photographs admissibility when material facts shown)
- Miller v. State, 288 Ga. 286 (Ga. 2010) (standard for reviewing suppression decisions)
- Walker v. Hagins, 290 Ga. 512 (Ga. 2012) (presuming prejudice under limited ineffective-assistance scenarios)
