Gregory Shane Bailey v. State
05-13-01536-CR
| Tex. App. | Apr 13, 2015Background
- Gregory Shane Bailey was convicted by a jury of murdering his fiancée, Sarah Swaim; punishment: life imprisonment and $10,000 fine. Bailey does not contest sufficiency of the evidence on appeal.
- Swaim’s body was found wrapped in garbage bags and rolled in carpet on a burn pile; extensive blood and injuries were found in the couple’s trailer. Autopsy showed multiple bruises, fresh rib fractures, lacerated liver, tongue and throat injuries consistent with strangulation, and manner of death ruled homicide.
- Bailey’s trial testimony conflicted with his earlier statements to police; he claimed Swaim was intoxicated and he discovered her dead the next morning. Witnesses described a tumultuous, sometimes violent relationship and prior assaults involving Bailey and Swaim or a former girlfriend.
- During trial the court admitted 41 color autopsy photographs (Bailey objected to some), and multiple witnesses testified about prior incidents between Bailey and Swaim; some testimony about prior assaults was admitted without objection.
- Bailey raised three appellate complaints: (1) mid-trial publicity via an outside newspaper article; (2) admission of autopsy photographs under Rule 403; and (3) admission of prior bad acts/relationship evidence under Rule 404(b) and article 38.36.
Issues
| Issue | Plaintiff's Argument (Bailey) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Mid-trial publicity | Newspaper article during trial denied fair trial; jurors may have been exposed | Issue not preserved; no evidence jurors violated admonition; trial court instructed jurors not to follow media | Waived for appeal (not raised in motion for new trial); even if preserved, no record evidence of prejudice — point denied |
| Autopsy photographs (Rule 403) | Photographs were gruesome and inflammatory, appealing to emotion and unfairly prejudiced jury | Photos were probative, aided medical testimony on cause/manner of death, and not duplicative or autopsy‑created mutilation | Trial court did not abuse discretion — probative value outweighed prejudice; admission affirmed |
| Prior bad acts / relationship evidence (Rule 404(b) / art. 38.36) | Evidence of prior assaults unfairly showed character and propensity to commit murder | Relationship evidence is admissible under art. 38.36 to show facts surrounding killing; Rule 404(b) exceptions (motive, intent, absence of accident) apply; limiting instruction given | Admission proper as relationship evidence and/or admissible under 404(b); any error harmless because similar evidence was admitted without objection — point denied |
Key Cases Cited
- Gigliobianco v. State, 210 S.W.3d 637 (Tex. Crim. App. 2006) (six-factor balancing test for inflammatory evidence under Rule 403)
- Montgomery v. State, 810 S.W.2d 372 (Tex. Crim. App. 1991) (consideration of availability/need for evidence when balancing probative value)
- Williams v. State, 301 S.W.3d 675 (Tex. Crim. App. 2009) (photographs admissible if probative and not substantially outweighed by prejudice)
- Salazar v. State, 38 S.W.3d 141 (Tex. Crim. App. 2001) (standard for reviewing denial of motion for new trial)
- Abdnor v. State, 871 S.W.2d 726 (Tex. Crim. App. 1994) (extraneous offense evidence inadmissible to show propensity but admissible for limited purposes)
- Garcia v. State, 201 S.W.3d 695 (Tex. Crim. App. 2006) (article 38.36 and relationship evidence; interaction with Rules 403/404)
- Coble v. State, 330 S.W.3d 253 (Tex. Crim. App. 2010) (erroneous admission harmless when substantially similar evidence admitted without objection)