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Richard Lynn Norton v. Ricky Bell, Warden - Order

Citation: Not availableDocket: M2001-02516-CCA-R3-CO

Court: Court of Criminal Appeals of Tennessee; June 13, 2002; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Petitioner Richard Lynn Norton appeals the denial of his habeas corpus relief concerning three 1999 convictions for selling or delivering over one-half gram of crack cocaine, resulting in a 24-year sentence. He argues that the presentment fails to charge him with the overt act of possession with intent to sell or deliver a controlled substance and claims that the evidence against him, obtained through an informant, lacked probable cause. The court notes that the presentment adequately alleges that Norton knowingly sold or delivered crack cocaine in the specified amount, and possession was not a necessary component for the charge of sale or delivery. Norton’s allegations regarding the evidence being manufactured do not provide a valid basis for habeas corpus relief. After reviewing the record and applicable law, the court finds no legal error necessitating a reversal and affirms the trial court’s judgment. Costs are assessed to the State of Tennessee due to Norton’s indigent status.

Legal Issues Addressed

Assessment of Legal Error in Appellate Review

Application: The appellate court reviews the case record and applicable law, concluding that no legal errors were present to warrant reversing the lower court's decision.

Reasoning: After reviewing the record and applicable law, the court finds no legal error necessitating a reversal and affirms the trial court’s judgment.

Cost Assessment in Indigent Cases

Application: The court assesses costs to the State due to the petitioner's indigent status, reflecting the legal principle of cost allocation in cases involving indigent defendants.

Reasoning: Costs are assessed to the State of Tennessee due to Norton’s indigent status.

Habeas Corpus Relief Standards

Application: The court evaluates whether the petitioner's habeas corpus claim demonstrates a legal error that justifies reversing the conviction.

Reasoning: Norton's allegations regarding the evidence being manufactured do not provide a valid basis for habeas corpus relief.

Probable Cause and Informant Testimony

Application: The court addresses the petitioner's claim that the evidence obtained through an informant lacked probable cause, ultimately finding this argument unpersuasive for overturning the conviction.

Reasoning: He argues that the presentment fails to charge him with the overt act of possession with intent to sell or deliver a controlled substance and claims that the evidence against him, obtained through an informant, lacked probable cause.

Sufficiency of Presentment in Criminal Charges

Application: The court determines that the presentment sufficiently alleges the criminal act of selling or delivering a controlled substance without needing to charge possession.

Reasoning: The court notes that the presentment adequately alleges that Norton knowingly sold or delivered crack cocaine in the specified amount, and possession was not a necessary component for the charge of sale or delivery.