Brian Christopher Keith v. State
09-16-00166-CR
| Tex. App. | Dec 6, 2017Background
- Infant N.K. (33 days old) was found dead July 2, 2013; Keith (non‑biological father) lived in the home and was the only person shown to have handled the baby the morning she died.
- Keith woke at 4:00 a.m.; witnesses and an autopsy report indicate he may have patted, rocked, or hit the infant before leaving for work; he worked on an oil rig and left soon after, returning after the child was discovered unresponsive.
- Emergency responders and hospital personnel found the infant cyanotic and without signs of life; CPR was performed after the child had likely been dead for hours.
- Autopsy by Dr. Ralston: cause of death— asphyxiation from compressional force to the back while face‑down; findings included lacerated liver with intra‑abdominal blood, petechial hemorrhages in multiple organs, and spinal column tearing—consistent with vital compressional trauma, not typical infant CPR.
- Defense’s expert (Dr. Pustilnik) conceded death by asphyxia and that the child had been dead for hours but attributed internal injuries to post‑mortem or aggressive CPR and an unsafe sleep environment; jury credited State’s theory and convicted Keith of capital murder (Tex. Penal Code §19.03(a)(8)).
- Keith was sentenced to life without parole; he appealed raising sufficiency of evidence, jury charge error (definitions of "intentionally"/"knowingly"), and trial court denial of juror requests for exhibits during deliberations.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Keith) | Held |
|---|---|---|---|
| Sufficiency of evidence for capital murder (intent/result) | Cumulative circumstantial evidence (autopsy, timing, who handled infant, motive, demeanor) supports finding Keith intentionally/knowingly caused death | Evidence insufficient; death more likely from unsafe sleep or CPR injuries; alternate hypotheses not excluded | Affirmed: Jackson standard; circumstantial evidence sufficient for jury to find guilt beyond reasonable doubt |
| Standard of review when defendant asserts affirmative defenses | N/A (State relies on binding precedent) | Matlock claimed disparity: defendants with affirmative defenses get factual sufficiency review | Rejected: appellate courts must follow Court of Criminal Appeals precedent; Jackson legal sufficiency is controlling |
| Jury charge definitions (included conduct language in "intentionally/knowingly") | Application paragraph correctly required proof that defendant intentionally/knowingly caused death; abstract error non‑egregious | Error in abstract definitions could allow conviction based on intent to do conduct rather than intent to cause death; urged reversal for egregious harm | Error noted but not egregious because application paragraph correctly tied mental state to causing death; no reversal |
| Jury request for admitted exhibits during deliberations (phone/GPS records) | Jury should receive admitted exhibits upon request per art. 36.25; if court failed, reversible error | Trial record silent whether exhibits were provided; no contemporaneous objection | Presumed compliance absent record showing otherwise and no objection; issue waived/not reversible |
Key Cases Cited
- Hooper v. State, 214 S.W.3d 9 (Tex. Crim. App. 2007) (standard for reviewing sufficiency of the evidence under Jackson)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (constitutional legal sufficiency standard: evidence must permit rational juror to find guilt beyond reasonable doubt)
- Geesa v. State, 820 S.W.2d 154 (Tex. Crim. App. 1991) (rejecting the "reasonable hypothesis" test for circumstantial evidence sufficiency)
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (Jackson legal sufficiency is the sole standard for appellate sufficiency review)
- Almanza v. State, 686 S.W.2d 157 (Tex. Crim. App. 1985) (standard for assessing harm from unobjected‑to jury charge error)
- Medina v. State, 7 S.W.3d 633 (Tex. Crim. App. 1999) (application paragraph can cure erroneous abstract instruction; limits egregious‑harm showing)