Michael Anthony Cole Phillips v. State
07-15-00357-CR
| Tex. App. | Nov 16, 2015Background
- Appellant Michael Anthony Cole Phillips pled guilty to aggravated robbery and admitted a prior burglary-of-a-habitation conviction, exposing him to a 15–99 years or life sentencing range.
- The trial court found Phillips guilty and, after a jury punishment phase, the jury assessed life imprisonment.
- At punishment the primary victim, Kathy Harless, testified at length about the intruders’ conduct and the victims’ injuries; Mr. Harless did not testify.
- The State introduced a series of photographs during punishment: three close-up color photos of a large pool of blood at the crime scene and multiple color hospital photos of the victims (some close-up), over defense Rule 403 objections.
- Defense counsel argued the gruesome photos were cumulative of detailed victim testimony, served only to inflame the jury, and therefore should have been excluded under Rule 403 and the Hayes factors.
- Appellant appealed, urging that admission of the photographs was reversible error and asking for a new punishment hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by admitting gruesome crime-scene and hospital photographs at the punishment phase | The State contended the photos were relevant to sentencing and permissible under Art. 37.07 | Phillips argued the photos were cumulative, highly prejudicial, inflammatory, and their probative value was substantially outweighed by unfair prejudice under Rule 403 and Hayes factors | The brief argues the photos should have been excluded under Rule 403 and Hayes; it seeks reversal and a new punishment trial (appeal pending) |
Key Cases Cited
- Rogers v. State, 991 S.W.2d 263 (Tex. Crim. App. 1999) (defines punishment-phase relevance as what helps the jury determine an appropriate sentence)
- Miller-El v. State, 782 S.W.2d 892 (Tex. Crim. App. 1990) (explains punishment-phase admissibility is policy-driven because there are no discrete factual issues)
- Gigliobianco v. State, 210 S.W.3d 637 (Tex. Crim. App. 2006) (articulates Rule 403 balancing framework and factors to weigh probative value against unfair prejudice)
- Hayes v. State, 85 S.W.3d 809 (Tex. Crim. App. 2002) (lists specific factors for assessing gruesome photographic evidence under Rule 403)