Brandon Ray Morgan v. State
14-14-00607-CR
Tex. App.Aug 27, 2015Background
- On May 3, 2012 a house owned by Jeannie Wiebke burned; her body was recovered in the living room. Fire investigators concluded Wiebke died of blunt-force trauma and neck compression before the fire; manner of death: homicide.
- Brandon Ray Morgan (appellant) was the only person he admits was in the house with Wiebke after his companion, Bonnie Cox, left; he was charged with and convicted (bench trial) of murder and sentenced to life.
- Neighbors saw Morgan at/near the scene shirtless or in clean clothes, nervous but not hysterical; some observed scratches or slight sooting, others said he appeared very clean with little or no soot.
- Arson and fire investigators found signs of an explosion (oxygen canister), an accelerant possibility (wasp spray can), a delayed 9‑1‑1 call, and that the fire originated near the couch; they could not conclusively rule out an accidental dropped cigarette but deemed the cause undetermined.
- Medical examiners found injuries inconsistent with death by fire (no soot in airways; carbon monoxide levels showed death before the fire) and concluded death by blunt force and neck compression.
- Morgan argued the evidence was legally insufficient (mere suspicion/speculation); the trial court found him guilty and the court of appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support murder conviction | Morgan: evidence amounts to speculation; no direct proof he caused the blunt-force injuries | State: Morgan admitted he was the only person in the house with Wiebke; forensic injuries show homicide before the fire; circumstantial evidence supports guilt | Affirmed — a rational factfinder could infer Morgan caused the fatal injuries beyond a reasonable doubt |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of the evidence)
- Matlock v. State, 392 S.W.3d 662 (Tex. Crim. App. 2013) (application of Jackson standard)
- Gear v. State, 340 S.W.3d 743 (Tex. Crim. App. 2011) (viewing evidence in the light most favorable to the verdict)
- Isassi v. State, 330 S.W.3d 633 (Tex. Crim. App. 2010) (trier of fact resolves credibility and weight of evidence)
- Hooper v. State, 214 S.W.3d 9 (Tex. Crim. App. 2007) (distinguishing reasonable inference from speculation)
- Winfrey v. State, 323 S.W.3d 875 (Tex. Crim. App. 2010) (evidence raising only suspicion is insufficient)
- Gross v. State, 380 S.W.3d 181 (Tex. Crim. App. 2012) (insufficient evidence where conviction rests on pure speculation)