Dewan Morgan v. The State of Texas

Summary

This document is the appellant’s brief on the merits in Dewan Morgan v. State of Texas, filed in the Texas Court of Criminal Appeals. The brief argues that the evidence was legally insufficient to support Morgan’s burglary-of-a-habitation conviction because he qualified as an owner or co-tenant and his consent to enter the residence was not effectively revoked. It asks the court to affirm the Second Court of Appeals’ judgment vacating the burglary conviction and retaining the lesser-included assault conviction.

Questions Presented

1. Whether, in a burglary-of-a-habitation case, courts must use property law and related law to determine who qualifies as an owner under the Texas Penal Code.
2. Whether a live-in boyfriend's consent to enter a residence was revoked when the complainant temporarily locked the door, and whether the evidence was legally sufficient to prove entry without the effective consent of the owner.