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Norton v. State
293 Ga. 332
| Ga. | 2013
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Background

  • 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)
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Case Details

Case Name: Norton v. State
Court Name: Supreme Court of Georgia
Date Published: Jul 1, 2013
Citation: 293 Ga. 332
Docket Number: S13A0301
Court Abbreviation: Ga.