Norris v. State

2010 Ark. 174, 368 S.W.3d 52, 2010 Ark. LEXIS 212
CourtSupreme Court of Arkansas
DecidedApril 15, 2010
DocketNo. 09-1016
StatusPublished
Cited by26 cases

This text of 2010 Ark. 174 (Norris v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Norris v. State, 2010 Ark. 174, 368 S.W.3d 52, 2010 Ark. LEXIS 212 (Ark. 2010).

Opinion

ELANA CUNNINGHAM WILLS, Justice.

liA Saline County jury convicted appellant Paul Anthony Norris of capital murder, two counts of aggravated robbery, and first-degree battery.1 The trial court sentenced Norris to life imprisonment without parole for the capital-murder conviction, twenty-five years on each aggravated robbery charge, and twenty years for first-degree battery. Norris argues on appeal that the trial court erred in denying his motions for a directed verdict on the capital murder and aggravated-robbery charges, and in refusing to submit his proffered jury instructions on imperfect self-defense and negligent homicide.

Norris first argues that the circuit court erred in denying his motion for a directed verdict on charges of capital murder and aggravated robbery. This court treats a motion for a directed verdict as a challenge to the sufficiency of the evidence. Coggin v. State, 356 Ark. 424, 156 S.W.3d 712 (2004). The appellate court reviews the evidence in the light most favorable to the State and considers only the evidence that supports the verdict. Stone v. State, 348 Ark. 661, 74 S.W.3d 591 (2002). This court affirms a conviction if substantial evidence exists to support it. Id. Substantial evidence is evidence — either direct or circumstantial — that is of sufficient force and character that it will, with reasonable certainty, compel a conclusion one way or the other, without resorting to speculation or conjecture. Haynes v. State, 346 Ark. 388, 58 S.W.3d 336 (2001).

Circumstantial evidence may constitute substantial evidence to support a conviction. Ross v. State, 346 Ark. 225, 57 S.W.3d 152 (2001). The longstanding rule in the use of circumstantial evidence is that, to be substantial, the evidence must exclude every other reasonable hypothesis than that of the guilt of the accused. Id. The question of whether the circumstantial evidence excludes every other reasonable hypothesis consistent with innocence is for the jury to decide. Id. Upon review, this court must determine whether the jury resorted to speculation and conjecture in reaching its verdict. Id.

A person commits capital murder if acting alone or with one or more other persons, he commits or attempts to commit aggravated robbery “and in the course of and in furtherance of’ aggravated robbery “or in immediate flight” therefrom, the “person or an accomplice causes the death of any person under circumstances manifesting extreme indifference to the value of human life.” Ark.Code Ann. § 5-10-101(a)(l) (Supp.2007). Aggravated robbery occurs when a person “(1) [i]s armed with a deadly weapon or represents by word or conduct that he is so armed; or (2) [ijnflicts or attempts to inflict death or serious Uphysical injury upon another person.” Ark.Code Ann. § 5-12-103 (Repl. 2006). A person commits robbery by employing or threatening to immediately employ physical force upon another with the purpose of committing a felony or misdemeanor theft. Ark.Code Ann. § 5-12-102 (Repl.2006). The “[i]ntent to commit a robbery may be inferred from the facts and circumstances of a particular case.” Harper v. State, 359 Ark. 142, 151, 194 S.W.3d 730, 735 (2004).

Review of the record reveals the following facts. Alex Ragan testified at trial that he and neighbor Derrick Kellems attempted to purchase marijuana on September 5, 2008. Ragan spoke with Charles Moore over the telephone, who directed Ragan to meet with an individual named “Creo.” Ragan and Kellems later drove with Creo to a house where Creo went inside with Ragan’s money to purchase marijuana but never returned. Kel-lems eventually went inside the house but failed to locate Creo.

Ragan then called Charles Moore, who told Ragan that he would get his “guys together” to help get the money back. To this end, Moore told Ragan to call appellant Norris. Ragan and Kellems drove to meet Norris, who was waiting outside his grandmother’s house with an individual named Tim Jackson, and they subsequently picked up another friend of Norris, Justin Gatewood. Norris then directed Ragan to drive to an abandoned house. Upon arrival, Ragan, Norris, Jackson, and Gate-wood went into the house through the front door, eventually exiting through the back in what Ragan believed at the time was a search for Creo; Kellems went directly around to the back of the house. Ragan testified that after he emerged from the house and stood next to Kellems, Norris approached from inside the |4house and suddenly delivered a single blow to Kellems’s head with a two-by-four. Norris then struck Ragan in the head with the two-by-four. Ragan stated that Norris’s attack was unprovoked and a surprise, because they were “suppose[d] to be friends.”

After receiving Norris’s blow to his head, Ragan was attacked by Jackson and Gatewood while attempting to get to his car to make a call from his cell phone. Ragan testified that Gatewood punched him and demanded money from him, and that Norris then approached from the direction of the house and similarly demanded money after grabbing him. After he was punched several more times, Ragan testified that Norris, Jackson, and Gate-wood began searching his car for money and told Ragan to “go help your buddy.”

According to Ragan’s testimony, Kel-lems was “stumbling around,” had difficulty speaking, and “there was blood all over his face.” As Ragan tried to assist Kel-lems to the car, Kellems lay down on a cushion and whispered for Ragan to go get help. Ragan drove home where his wife insisted he go to the hospital. Detectives arrived at the hospital and Ragan gave them directions to Kellems’s location to the best of his knowledge. Benton Police Department Officer Jimmy Thompson located Kellems near the abandoned house and transported him to the hospital. Thompson’s search of Kellems’s person revealed neither a wallet nor a weapon. Although Ragan testified that Kellems had a “set of pliers or something whenever he was at the house that Creo stole the money,” Ragan stated that he never saw Kel-lems with the Leatherman multi-tool in his hand at the abandoned house, nor did he see Kellems wield it at the abandoned house.

Kellems died on September 21, 2008, sixteen days after he was transported to the Inhospital. Forensic pathologist Dr. Stephen Erickson testified that Kellems died from complications resulting from trauma to the skull and brain and ruled the death a homicide. Dr. Erickson compared the force of the blow to Kellems’s skull as the equivalent of someone “swinging for the fence.”

Ragan later identified Norris as his and Kellems’s assailant from a photographic line-up. Investigation by the Benton Police Department indicated that Norris and/or his family once lived in the abandoned house. A two-by-four was found at the house along with various items belonging to Ragan and Kellems; their wallets, however, were not recovered.

Following his arrest, Norris provided a videotaped statement to the Benton Police Department in which he acknowledged that he was aware that Ragan and Kellems “had been robbed” earlier in the day, but got into Ragan’s car ostensibly to help search for Creo.

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Bluebook (online)
2010 Ark. 174, 368 S.W.3d 52, 2010 Ark. LEXIS 212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/norris-v-state-ark-2010.