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Lester Winningham, Jr. v. State
Citation: Not availableDocket: 02-07-00389-CR
Court: Court of Appeals of Texas; October 21, 2010; Texas; State Appellate Court
Lester Winningham, Jr. was convicted of murder and sentenced to life imprisonment by a jury. He appealed the conviction, arguing that the evidence was legally and factually insufficient to support the verdict. Upon review, the Court of Appeals for the Second District of Texas determined that the evidence was sufficient and affirmed the trial court's judgment. The incident began on July 22, 2005, when mechanic Craig Bayer noticed smoke behind his workplace in Muenster, Texas. Initially assuming it was a truck, he later realized it was a fire, eventually discovering a burned body that was a white female, later identified as Deborah Houchin through dental records. The body was found wrapped in a blue tarp and had a gunshot wound to the back. Investigating officer Texas Ranger Tracy Murphree discovered a receipt from an Academy store for a tarp and rope near the scene, as well as a footprint and tire track. Further investigation at Houchin's home revealed a bloodied scene with blood-smeared eyeglasses and a spent bullet, indicating a violent struggle had occurred. Murphree observed an open kitchen drawer containing a ripped bag of dog food and a half-full bowl of water, indicating care for the dogs before the incident. He noted bleach stains leading up the stairs and found an eyeglass chain at the bottom, leading him to conclude there was no forced entry or missing valuables. These factors suggested Houchin’s murder was not a random act but likely committed by someone known to her. Houchin, a 56-year-old therapist from Arlington, Texas, was last seen alive by coworkers at 11:00 p.m. on July 21, 2005. Her unexpected absence on the following Monday led to a missing persons report. Murphree discovered Houchin had a complicated romantic history with Winningham, a coworker, including a broken engagement due to a prenuptial agreement request. Murphree considered Winningham a key suspect. Upon examining Winningham’s vehicle, Murphree noted significant vertical scratches near the license plate containing light blue transfer, matching the tarp Houchin was wrapped in after her body was burned. The trunk was largely clean, while the passenger area was disorganized. Investigators found $13,000 in cash, Houchin’s blood, and dog hair in the trunk. Additionally, on July 28, 2005, Winningham withdrew $20,000 and applied for a passport, prompting Murphree to interview the passport clerk regarding his expedited application made on July 22, 2005, the same day Houchin's body was found. Murphree confirmed that Winningham's credit card statements indicated a charge of $1,089.32 to British Airways and that investigators discovered bags with an Academy logo in Winningham's apartment, suggesting a tarp might fit inside one. Murphree theorized that Winningham, following a particularly vicious fight with Houchin, shot her after she indicated she was moving on with her life. He proposed that Winningham then dragged her body into the trunk of his car, possibly wrapped in the tarp to contain fluids, and later set her body on fire. After learning of Murphree's investigation, Winningham canceled appointments, withdrew $20,000, and left the state, although he later wrote checks for ongoing expenses. Murphree acknowledged that the check for a passport was issued after Houchin's body was found and that no DNA comparison with Winningham or fingerprint analysis from the crime scene was conducted. It was noted that Houchin had altered plans for the night of her murder. Testimony was also provided by Houchin’s family members, including her sister Marlene Wallem, who recounted the couple’s relationship, including their engagement and subsequent breakup after discussions of a prenuptial agreement led to Winningham’s anger. Wallem indicated that after their engagement ended, Winningham moved out but later returned, and their relationship became more casual. Houchin instructed Winningham to leave, leading to Winningham's departure. Wallem testified that Houchin assisted Winningham in completing school and starting his practice at the clinic where Houchin worked. Wallem noted that Houchin suspected Winningham was living in the clinic office after their recent breakup. Houchin confronted Winningham about this, resulting in a conflict. Approximately a month before Houchin's murder, she expressed concern to Wallem, asking her to ensure the police investigate Winningham if anything happened to her. Following Houchin's confrontation about Winningham's living situation, Houchin's dog disappeared, which Wallem believed Winningham was involved in, leading to further deterioration of their relationship marked by frequent arguments. Wallem recounted a phone call from Winningham after Houchin's body was discovered, where he expressed concern and inquired about police findings, prompting Wallem to suspect he was seeking information. Dr. Robert Mims, a psychiatrist and friend of Houchin, confirmed he was aware of Houchin and Winningham's romantic involvement and testified about their engagement's dissolution, which Houchin attributed to her desire for a prenuptial agreement. Mims described a tense atmosphere in the office, emphasizing a heated argument between Houchin and Winningham on July 21, 2005, over personnel issues and partnership disagreements. Following the argument, Houchin was notably upset. Mims was alerted to Houchin's absence on July 25, leading to police involvement after concerns about her well-being arose. Upon visiting the clinic on July 26, Mims observed a distinct difference in Winningham's demeanor compared to others in the office, and he later learned Winningham lived in apartments near the clinic. Larry Kish, an investigator with the Denton County Sheriff’s office, provided testimony regarding the investigation into Houchin’s death on July 22, 2005. He detailed the collection of an Academy receipt found near Houchin's body, indicating a purchase of a tarp and rope on July 2, 2005, from an Arlington, Texas store. Kish noted that both items were processed but yielded no fingerprints. Houchin’s body was found burned alongside a blue tarp, and a possible footprint was cast, though it was inconclusive and not compared to any shoes. Kish also cast what appeared to be a tire print, which was similarly unverified against any vehicle, including Winningham’s car. During his inspection of Winningham’s vehicle, Kish observed scratches and blue fibers embedded in the passenger side bumper. Dr. Jill Ervin, a medical examiner, identified Houchin through dental records and reported that her body suffered near-total burns. Charred clothing fragments and molten blue material consistent with a tarp were present. X-rays revealed a bullet in Houchin’s body, with evidence of three gunshot wounds—two in the lower back and one in the ribcage—leading Ervin to conclude that the ribcage wound was fatal and that Houchin died within thirty minutes of the injury. She affirmed that Houchin was deceased before being set on fire and noted that a fuel source would be required for the burning. Bruce Tinch, owner of the clinic where Houchin was involved, testified about Houchin's long-standing friendship with his wife and her introduction of Winningham to the clinic. He observed the deterioration of Houchin and Winningham’s relationship, marked by public arguments and significant conflict, particularly after Houchin requested a prenuptial agreement. Tinch described a specific incident where Houchin appeared at his home in a distressed state, indicating turmoil in their relationship. Houchin communicated her concerns to Tinch about Winningham, stating she felt he was not who they believed him to be and expressed fear for her safety, implying that if anything happened to her, it would be Winningham's fault. She revealed her financial situation, indicated that Winningham had borrowed money without repayment, and suspected he was attempting to access her wealth, linking her worries to a prenuptial agreement that contributed to their relationship's decline. Tinch noted that Houchin had taken measures to protect herself, including changing her locks and acquiring a gun. Despite Tinch's suggestion to involve the police, Houchin insisted she could handle the situation herself. Following their breakup, Houchin began dating online and shared her success with colleagues, which reportedly angered Winningham. Tinch's wife expressed concern when Houchin did not show up for work, prompting Tinch to check on her, only to find the police conducting a welfare check. He agreed to care for Houchin's dogs at the police's request. Tinch observed a stark contrast in emotions among colleagues when Houchin's absence was discussed, noting Winningham's lack of emotion. On July 27, 2005, Winningham's conversation with Tinch raised alarms, particularly when he mentioned having contacted Houchin's sister about her murder before it was publicly known. Tinch found Winningham's behavior suspicious and ultimately asked him to leave the clinic. Tinch also remarked on Winningham's unusual living arrangements, discovering later that he resided very close to the office, despite claiming otherwise. Winningham's desire to conceal his living situation was evident to Tinch. Alisa Sample, who managed insurance billing for Houchin and Winningham, testified about her working relationship with them. She indicated that Winningham regularly submitted daily billing statements, but failed to do so on the night of July 21, 2005, the evening before Houchin's body was discovered. Sample called Winningham that night but did not receive a response until Friday, when he stated he would send his day sheets for both Thursday and Friday, which he ultimately submitted on Sunday—a deviation from his routine. Winningham also claimed to have seen a patient on Saturday, which was unusual since he typically did not see patients that day. Sample noted that while others at the clinic were trying to understand Houchin's disappearance, Winningham was not engaged, which she found odd. She described a chilling interaction with Winningham after learning Houchin may have been murdered, noting his shocked demeanor and a comment he made that felt condescending. Following the involvement of the Arlington Police, Winningham's behavior became erratic, marked by canceling appointments and unusual absences, which Sample found inconsistent with his typical conduct. Additionally, she expressed surprise at the proximity of Winningham's residence to the clinic, as he maintained a facade of living further away. Teresa Singh, a long-time colleague of Houchin and the clinic's manager, corroborated the confusion at the clinic following Houchin's disappearance. She recalled that Houchin had been anticipating a call the night before she was found, but she could not remember the caller's name, confirming it was not Winningham. Gwen James, a receptionist at the clinic, began her employment three months prior to Houchin’s murder. She managed Winningham’s schedule, noting he was typically booked solid and saw his first patient at 8:15 a.m. On July 22, 2005, the day Houchin’s body was discovered, James initially testified that Winningham called around 8:15 a.m. to say he would be late but later revised her statement to indicate he called at 8:30 a.m. and arrived on time for a 9:15 a.m. appointment. Despite initially affirming to investigators that Winningham arrived at his usual time, she later contradicted this by stating he actually called to inform her of his lateness and arrived between 9:10 a.m. and 9:20 a.m. James acknowledged she had not previously mentioned Winningham’s phone call to investigators. Following the murder, Winningham made an unusual call to her cell phone to reschedule appointments, which was atypical behavior for him. After Winningham was asked to leave the clinic, he admitted to James that he knew he was a suspect in Houchin's murder. Detective Byron Stewart from the Arlington Police Department described the state of Houchin’s home during a welfare check after she was reported missing. The house was disorganized, with signs of neglect, including animal waste and scattered belongings. He observed personal items such as a purse, cell phone, wallet, and a chewed shoe. While searching for Houchin, Stewart found a running computer displaying an internet dating site. After being informed that Houchin’s body had been found, he locked the house and went to meet the clinic staff, where he noted Winningham was absent. Stewart learned about Winningham and Houchin’s past romantic relationship, which had created tension in the office. He called for Winningham to attend the meeting, and when discussing the details of Houchin’s death, he noticed that while others reacted emotionally, Winningham remained indifferent. Stewart recounted his interactions with Winningham, noting that Winningham's behavior was atypical for someone learning of a former fiancée's murder. After providing his contact information, Stewart received an unusual email from Winningham stating he would travel to Germany from August 9 to August 16, 2005, which Stewart interpreted as a potential attempt to flee, although he acknowledged no arrest warrant existed. Cary Treff, Houchin’s brother, shared how he learned of Houchin's death and his first meeting with Winningham at a clinic. After attending Houchin’s memorial service, Treff arranged to meet Winningham to discuss Houchin. During their conversation, Winningham became visibly uncomfortable when questioned about potential suspects, leading Treff to confront him about his decision not to speak with police without an attorney. Winningham’s response indicated a prior relationship with Houchin, but he did not express love or commitment. Treff concluded that Winningham might be a suspect, believing his emotional reaction suggested guilt. Brent Chambers, an FBI special agent and crime scene investigator, described his role in collecting evidence at Houchin's home, detailing the presence of blood and bleach stains that indicated her body had been moved from the upstairs office through the house to the garage. This evidence contributed to the understanding of the crime scene. Chambers discovered bloodied eyeglasses and an eyeglass chain in Houchin's living room and at the bottom of the stairs, respectively. In Houchin's office, he found a spent bullet with apparent blood on the floor. A .357 revolver was located in the bedroom nightstand. During cross-examination, Chambers noted a broken window in one room, which was not caused by the investigation or welfare check. He also mentioned finding a cigarette butt and beer can near Houchin’s garage, collected for potential evidentiary value, but did not provide further details on those items' fate. Firearms examiner Jamie Becker analyzed bullets from Houchin's body and home, concluding they were fired from the same .38-caliber class weapon but not from the revolver found in Houchin's residence. FBI special agent Monica Seagate investigated Winningham's apartment, where she found a suspicious Academy bag containing rope and collected a pair of Winningham's shoes. FBI agent Michael Hillman processed Winningham's car, photographing it and noting scratches on the bumper and "blue filament" from those scratches. He observed significant differences in cleanliness between the trunk and passenger compartment, with the trunk being notably clean. Hillman identified a cloth liner with a presumptive blood hit and sent it for further testing. He also found a flashlight, a funnel in a plastic bag, and plastic packaging for gloves in the car. Forensic scientist Carolyn Van Winkle analyzed items from the trunk, reporting several weak blood stains and a distinct blood stain approximately 0.5 centimeters in diameter that had soaked through the outer cloth liner. The DNA analysis conducted by Van Winkle indicated that the blood found in Winningham’s trunk was consistent with Houchin’s DNA profile across all 13 verification locations, confirming the blood belonged to Houchin. Van Winkle noted that the blood had soaked through the trunk's liner, implying it was liquid when deposited, and suggested the blood could only be a few months old at most due to the degradation of DNA over time. Additionally, biological material on a bullet retrieved from Houchin’s home was identified as coming from Houchin, barring any identical sibling contributor. Administrative clerk Stephanie Parrot testified about Winningham's passport application process. On July 22, 2005, Winningham attempted to apply for an expedited passport but lacked the necessary documentation. He returned on July 26 with the required itinerary and completed the application, indicating planned travel to Germany, Italy, and Switzerland, departing August 9, 2005. Texas Ranger Brad Harmon investigated Houchin’s death and the related Academy receipt. He traced the receipt to a nearby sporting goods store but could not confirm Winningham's presence due to the absence of surveillance footage and the clerk's lack of recollection. During the investigation, Harmon noted blue transfer material on Winningham's car, which matched a blue tarp found on Houchin’s body. He purchased a blue tarp of the same dimensions as indicated on the Academy receipt, which was ten-by-sixteen feet. Harmon testified that a tarp was large enough to wrap Houchin’s body after her shooting. The State showed that this tarp could fit inside an Academy bag found behind Winningham’s armoire. During cross-examination, Harmon acknowledged that no other blue tarp remnants were found in Houchin’s home or Winningham’s car, except for one on the bumper. He noted that Winningham, through his attorney, initiated contact on August 3, 2005, to discuss Houchin’s case, during which Harmon observed a significant change in Winningham’s demeanor when asked about the tarp and rope. Winningham admitted to visiting the Academy store but claimed he only purchased socks. Investigators traced Winningham’s cell phone, revealing he traveled to New Mexico but returned for Houchin’s funeral. Patricia Eddings, a senior trace analyst, compared blue material from Winningham’s bumper to a control tarp and debris found with Houchin’s body. She described the bumper material as "smears," indicating it had been forcefully transferred in a linear pattern. Eddings concluded that the material matched the control tarp and Houchin’s debris and that both types could form a film when force was applied. She admitted this was her first comparison of this plastic type and was unsure about the force needed to smear it onto a bumper. Eddings also stated that the rope found with Houchin and that in Winningham’s apartment were different, and identified some hair from Winningham’s trunk as dog hair and brown body hair of Caucasian origin. Steve Stockdale testified for the defense, mentioning his online correspondence with Houchin and a brief phone conversation with her on July 21, 2005. The defense also called George Baab, who met Houchin through online dating. Baab and Houchin initially planned to meet in person on July 22, 2005, but Houchin canceled the meeting on July 21, expressing a need to postpone and reschedule. Despite Baab's attempts to contact her over the weekend, he was unable to reach her. Amy Jaggers, who met Winningham on an internet dating site in June 2003, described their relationship as more of a friendship than dating. On July 22, 2005, she had a brief phone call with Winningham around midnight, during which he mentioned he had been running. Jaggers had planned a trip to Munich for August 9, 2005, which she communicated to Winningham in January and again invited him in May, but he remained uncertain about attending. On July 23, the day after Houchin's murder, Winningham asked about her travel plans and expressed doubts about obtaining tickets, prompting them to search for flights together. Sonny Brownlee, a defense private investigator, testified about his observations regarding the location where Houchin’s body was found and the distance to the clinic in Arlington, which he drove in a time consistent with Bayer's discovery of the body. He noted that Winningham had a 9:15 a.m. appointment on July 22. Winningham himself testified at trial, acknowledging his engagement to Houchin but denying any involvement in her murder. He explained their history, including moving in together after meeting online and breaking up due to conflicts, and noted that while he had moved out three times, he had financially supported Houchin, including writing a check for over $1,000 in early July. Winningham initially claimed he wrote a check to Houchin for one reason but later admitted it was for business expenses. Following their breakup on April 15, he intentionally kept his address from her to avoid contact due to ongoing issues. He acknowledged an argument with Houchin on July 21, 2005, after which he returned to his apartment. Winningham learned of Houchin’s disappearance on July 25, stating that no one was concerned about her absence earlier because she did not work on Fridays. He arrived at work at approximately 8:10 a.m. on July 22, and denied visiting the passport office that day, although he had gone twice the previous Tuesday. His appointment book was inconsistent with his actual activities, as he was withdrawing $20,000 cash at a time his book indicated he had an appointment. Winningham refuted claims that he contacted Houchin’s sister before authorities confirmed her death, asserting that phone records showed he called her on July 26 only. He also claimed he did not call his clinic on the morning of July 22. Winningham planned a trip to Germany for August 2005, purchasing his ticket on July 24 but applying for a passport only afterward. He chose to inform investigators of his travel plans as a "courtesy" and decided against traveling after his arrest, citing his previous relationship with Houchin and the murder circumstances as reasons for seeking legal counsel beforehand. Winningham sought legal representation before speaking to the police, withdrawing $20,000 from his account for an attorney, as he was uncertain if lawyers would accept checks for murder cases. He joined a fitness club on July 23, 2005, and made various payments for personal expenses after the murder of Houchin, including for his electric bill and a birth certificate related to passport applications. Winningham claimed ignorance about how Houchin's blood was found in his trunk and blue material on his bumper, acknowledging that Houchin’s dogs had been in his car but denying they were in the trunk. He described his state of shock following the murder, which led to canceled appointments. He also recounted e-mails from Houchin expressing remorse for their tumultuous relationship and her desire to maintain a calm connection, despite him being involved with someone else. The jury found Winningham guilty after four hours of deliberation, leading to a life sentence. He subsequently appealed, challenging the sufficiency of the evidence supporting his murder conviction. Under Texas law, murder requires intent to cause death or serious bodily injury. The court referenced a recent ruling that established uniformity in standards for evaluating evidence sufficiency, applying the Jackson v. Virginia standard to Winningham's appeal, which necessitates a review of evidence in favor of the prosecution to determine if a rational jury could find the defendant guilty beyond a reasonable doubt. The excerpt outlines the standards and principles governing the evaluation of evidence in criminal cases. The trier of fact, typically the jury, is responsible for resolving testimonial conflicts, weighing evidence, and drawing reasonable inferences, as emphasized by case law. The credibility of evidence is solely judged by the factfinder, and courts cannot reassess this judgment. Instead, they must evaluate whether inferences drawn from the evidence are reasonable when viewed favorably toward the prosecution. Sufficiency of evidence is determined by the elements of the offense as defined by a hypothetically correct jury charge, rather than the actual charge presented. This charge must accurately reflect the law, be supported by the indictment, and not unduly limit the State's theories of liability. Courts cannot affirm convictions based on grounds not presented to the jury. The standard of review applies equally to both direct and circumstantial evidence. The excerpt concludes with a determination that there is sufficient evidence to support Winningham’s conviction. Key facts include that Houchin was killed in her office, with DNA evidence linking her to a bullet found at the scene. Further, forensic analysis indicated that the bullets were fired from the same gun, and evidence suggested Houchin’s body was subsequently moved and burned, with physical evidence found in Winningham's vehicle linking him to the crime. The condition of Winningham’s car interior contrasted with the clean trunk, suggesting that Houchin's body may have been in the trunk wrapped in a blue tarp, with blue smear marks indicative of her being loaded or unloaded. Evidence indicated Winningham cleaned the trunk to conceal evidence of body disposal. Houchin's murder followed a tumultuous relationship and a public dispute with Winningham, who exhibited significant anger towards her. A receipt linked a tarp found with Houchin's remains to a local Academy store, within ten miles of Winningham’s residence. Notably, he deviated from his routine by failing to submit pay sheets on the night of the murder and calling in late to work. The jury could infer that Winningham murdered Houchin and was returning from disposing of her body the following morning. After the murder, he sought an expedited passport before Houchin’s coworkers were aware of her disappearance, and upon being denied due to lack of an itinerary, he planned to travel with someone else. He also withdrew a large sum of cash shortly after Houchin’s death, suggesting a flight plan. Evidence indicated Winningham lied about his actions on the day of the murder, supporting a "consciousness of guilt." The jury was entitled to interpret these lies as indicative of guilt. Ultimately, the evidence, when viewed favorably to the jury’s verdict, was sufficient to establish murder beyond a reasonable doubt. The court affirms the conviction of Lester Winningham, Jr., concluding that the evidence sufficiently supports the verdict, thereby overruling Winningham’s arguments. His motion for bail is rendered moot and denied. Justice Dauphinot dissents, arguing that the jury's verdict is fundamentally flawed as the evidence heavily favors a negative finding regarding Winningham's intentional or knowing involvement in the death of Deborah Houchin. He contends that the verdict contradicts both the law and the evidence, asserting that the State has not met its burden of proving every element of the crime beyond a reasonable doubt. Dauphinot emphasizes that the evaluation of evidence must consider the entirety of the case and not merely plausibility. He notes the historical principles governing circumstantial evidence in Texas law, highlighting that a conviction based solely on circumstantial evidence requires the exclusion of all reasonable hypotheses of innocence, a standard he believes the State did not satisfy in this case. Assessing the evidence, the only way to rationally conclude Taylor's guilt beyond a reasonable doubt is to eliminate the guilt of others. If evidence supports an inference other than the appellant's guilt, then a finding of guilt beyond a reasonable doubt is not rational. The concurrence in Carlsen emphasized that if a reasonable hypothesis exists other than the accused's guilt, then guilt cannot be deemed proven beyond a reasonable doubt. In Hankins v. State, both direct and circumstantial evidence are treated equally, and any appellate review that distinguishes between them lacks logic. The Texas Court of Criminal Appeals highlighted issues in Freeman v. State, stating that the analysis of evidence should focus on what could rationally support the verdict, which is consistent with the Supreme Court's standards under the Fourteenth Amendment. If evidence suggests an inference other than the essential elements of the crime, a rational trier of fact cannot find the accused guilty beyond a reasonable doubt, regardless of the evidence type. The court affirmed that current guidelines for evaluating circumstantial evidence in convictions are adequate. A footnote noted that previous statements suggesting a different standard for circumstantial evidence were misleading, as the state’s burden to prove guilt beyond a reasonable doubt relates to the presumption of innocence. The court revisited circumstantial evidence in Geesa, reversing prior decisions but acknowledging complications, including the loss of protections for defendants regarding reasonable doubt. Although Geesa attempted to define "beyond a reasonable doubt," it did not resolve issues regarding appellate review in cases with some supporting evidence for a clearly wrong verdict. Consequently, the court introduced a factual sufficiency review in Clewis v. State. Appellate courts had previously adopted a factual sufficiency review, allowing them to affirm jury verdicts if there was any evidence supporting the verdict, effectively applying a no-evidence standard. This practice permitted retrials even when evidence was insufficient to meet the prosecution's burden of proof. In 2000, the Texas Court of Criminal Appeals reversed the requirement for jury instructions on "beyond a reasonable doubt" but maintained the factual sufficiency review until 2010. The Brooks decision clarified that legal and factual sufficiency standards had become indistinguishable, mandating that the Jackson standard be the sole criterion for evaluating evidence sufficiency in convictions. Under Jackson, if the prosecution fails to prove an essential element of the offense, it cannot sustain its burden. The excerpt critiques the majority opinion for allegedly applying a no-evidence standard in their assessment of the case at hand, arguing that the verdict contradicts Jackson's requirements. It notes that while the Brooks court emphasized a need for factual analysis, it also maintained that evidence must be viewed favorably towards the prosecution to determine rationality in a verdict. The majority’s conclusion that the verdict is unjust is highlighted as inconsistent with the Jackson standard. The majority’s rationale for its prior conclusions is based on a shift in perspective regarding factual and legal sufficiency reviews. A verdict deemed shocking and unjust cannot be justified by merely re-evaluating the evidence from a different viewpoint. In early April 2004, the Appellant moved in with Houchin in Arlington, Texas. Their relationship was tumultuous, leading to three separations before Houchin changed the locks on April 15, 2005. Although they became engaged during this period, the engagement was later broken. Houchin had an intense and dramatic confrontation with Bruce Tinch in February 2005, but afterward, she reconciled with the Appellant and he moved back in. Houchin was found dead on July 22, 2005, more than three months post-separation. After April 15, there was minimal personal interaction between the two, limited to workplace disagreements. Following their breakup, Houchin had resumed online dating, which Tinch testified did not anger the Appellant, who was indifferent and involved with another woman. The last known individuals to see Houchin alive were coworkers Robert Mims and Amy Tinch after an argument on July 21, 2005, characterized as typical for a divorced couple with no threats made. Speculation exists regarding the Appellant's potential involvement in Houchin's murder; however, the text questions the sufficiency of evidence supporting a conviction beyond mere suspicion. The State highlighted a receipt for a rope and tarp purchased on July 2, 2005, found at the fire scene, arguing its relevance due to proximity to the Appellant’s residence. Nonetheless, no evidence directly links the Appellant to the purchase, and Houchin could also have bought the items, as both lived in Arlington, which houses approximately 370,450 residents within close proximity to the store. The State's theory posits that on July 2, the Appellant planned to kill Houchin on July 21 or 22, having organized the purchase of a tarp and rope, yet demonstrated disorganization by leaving a receipt at the fire scene. The prosecution hypothesizes that Houchin was wrapped in a tarp and rope before being placed in the trunk of Appellant's car, a claim unsupported by evidence of blood smears or hairs in the car. Testimony from Pat Eddings indicated that blue fibers found on the car's bumper could have come from various sources, making it challenging to link them directly to the tarp. There is no definitive evidence that the Appellant intentionally killed Houchin, despite their prior engagement and arguments over work matters. Appellant's activities on the night of the suspected murder, including a cell phone call from Arlington and delayed submission of his work day sheets, raise questions. Blood was found on the permanent liner in his car's trunk, but the timeline of its presence is undetermined. The absence of forced entry into Houchin's home and the presence of an opened bag of dog food suggest familiarity with her household, leading the police to implicate Appellant. Additionally, claims that Appellant contacted Houchin's sister before identification of her body were contradicted by her account and phone records. Appellant obtained an expedited passport following Houchin's murder but prior to her body being identified. He purchased a round-trip ticket to Germany, withdrew $20,000 from his bank account, and made payments for his electric and health club bills, while leaving money in his account. After Houchin's body was identified, he informed police of his intention to travel to Germany. The State argued that Appellant's planned trip and subsequent attendance at Houchin's funeral indicated guilt. In contrast, Mims, one of Houchin's last acquaintances, left the country and did not attend the funeral. The medical examiner found Houchin had been shot three times, and a projectile with her blood was discovered at her residence, not fired from her gun. There is no evidence linking Appellant to any firearm, nor any indication that he owned or had access to one. Furthermore, no evidence places Appellant at or near Houchin’s residence after she departed from work Thursday night. The critical question is whether this evidence supports a rational jury's conclusion that the State proved all elements of murder beyond a reasonable doubt, as per the Jackson standard. The majority opinion asserts it does, but dissenting views emphasize that a rational jury must evaluate all evidence collectively, not solely the evidence suggesting guilt. For instance, Tinch testified that Appellant contacted Houchin’s sister about her death before the body was identified, but Houchin's sister stated Appellant called only after identification, supported by phone records that the jury could not justifiably disregard. Speculative evidence presented by police suggested that the killer had cared for Houchin's dogs, implying familiarity with her home, but this was based solely on conjecture. Additionally, Houchin had plans to meet someone from an online dating service on the night she was last seen, who claimed she canceled, yet no supporting communication records were found. There is no indication that Houchin intended to meet Appellant that evening. Houchin left the office at 10:50 p.m., raising questions about her reason for staying late, particularly regarding an unresolved issue. If she canceled a meeting with an online acquaintance, there is no indication this matter involved the Appellant. Evidence found at the scene, including a beer can and a cigarette butt, was not tested for fingerprints or DNA, and there is no record of the Appellant smoking. Texas Ranger Tracy Murphree stated that Appellant made a cell call on the night of Houchin's disappearance from a location near her house, but he later clarified that the call could only be traced to Arlington, where both lived and worked. Appellant also called his girlfriend that night. The police inferred the killer knew Houchin due to no forced entry, but there is no evidence that the doors or windows were locked before the shooting. Houchin had changed her locks after the Appellant moved out, and a broken window was boarded over, with police entering through it. Blood found near Houchin’s computer suggests she was near it during the murder, but it is unclear if she was working when confronted by her killer. The prosecution's theory that Appellant's car was involved is undermined by photographs showing Houchin’s car parked in the garage and her keys visible inside the house, with no evidence of her car being used to transport her body. The blood trail ends in the garage without evidence of Appellant’s car being moved or used. Questions remain about the blue tarp found at the scene, including who purchased it and whether it was used by the murderer or something already available. There is no evidence of cleaning inside Appellant’s car that would indicate its involvement in the crime. The State's theory posits that the killer dragged the victim's body through the house, inferred from blood evidence, yet no blood was found in the passenger compartment of Appellant's car. A footprint found in dog feces at the crime scene was not matched with any evidence from Appellant's vehicle. No personal items or cleaning evidence linked the killer to Houchin’s home, and the supposed blue material on Appellant's car’s bumper had no corresponding evidence in his trunk or at the crime scene. Questions arise regarding the absence of blue smears or blood in the passenger compartment. Additionally, Appellant did not appear disheveled or display signs of having committed a violent act when he arrived at work, and no incriminating items were found in his car or apartment. The timeline of phone records contradicts claims that Appellant contacted Houchin’s sister before the murder was public knowledge. The State established that Appellant's car could have been used to transport Houchin's body, but he was not charged with tampering with evidence, nor was he convicted as an accomplice to the murder. He was only convicted of intentionally firing a firearm, with no evidence linking him to the act of killing, transporting the body, or the burning of Houchin's body. Speculation was made regarding the killer’s awareness of the dogs and interactions with a dog food bag, echoing previous case law that cautions against relying solely on dog-scent identification as definitive proof of guilt. The document emphasizes the inadequacy of a "no evidence" standard for upholding the constitutional principle of reasonable doubt in convictions. A modicum of evidence may meet a ‘no evidence’ standard, meaning that even minimal relevant evidence can make a crime's element slightly more probable. However, such minimal evidence cannot support a conviction beyond a reasonable doubt. Upon reviewing the evidence, it is concluded that the State has not proven each element of Houchin's murder beyond a reasonable doubt, only presenting a plausible explanation of the crime. When considering the evidence favorably to the prosecution, it becomes clear that no rational juror could find the essential elements of the crime proven beyond a reasonable doubt, as mandated by the Jackson standard. Therefore, there is a dissent from the majority's conclusion that sufficient evidence supports the Appellant's conviction. The excerpt references various legal precedents and footnotes related to the discussion.