Paul Scott Bailey v. State
10-13-00375-CR
| Tex. App. | Dec 31, 2015Background
- On Sept. 9, 2012, Trooper Zaborowski stopped Paul Bailey after observing equipment and lane violations and weaving; Bailey smelled of alcohol and admitted having 5–6 drinks.
- Bailey failed HGN with 6/6 clues, refused further field tests and a breath specimen; officer obtained a magistrate warrant and a jail nurse drew blood showing BAC 0.135.
- Bailey, proceeding pro se at trial, was convicted by a jury of DWI and sentenced to 120 days’ jail probated for two years and a $1,000 fine.
- On appeal Bailey raised multiple complaints: lack of written pretrial rulings, denial of continuance and speedy-trial relief, denial of a sworn complaint, trial-court coercion about testifying, challenges to the blood draw and nurse’s conduct, alleged absence of the State at trial/confrontation clause, and a sovereign-citizen jurisdiction claim.
- The clerk’s record and reporter’s record on appeal were limited — Bailey supplied only selected reporter transcripts and only two written pretrial motions — and the court emphasized pro se litigants are held to the same procedural standards as attorneys.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Pretrial rulings (written rulings, continuance, speedy trial, sworn complaint, court coercion) | Bailey asserts the court refused written responses, denied continuance and speedy-trial relief, denied a sworn complaint, and pressured him about testifying. | State: trial docket shows rulings; Bailey failed to provide reporter’s record or clerk’s record to preserve these complaints. | Overruled — complaints not preserved for appellate review due to inadequate record. |
| Admission of blood evidence and nurse testimony (sterility, shaking hands, labeling, video malfunction) | Bailey contends the blood draw/procedure was improper and nurse testimony/unreliable; video of draw failed. | State: blood drawn pursuant to warrant; Bailey did not object at trial to admission of the blood result and did not supply reporter’s record of nurse testimony. | Overruled — Bailey failed to preserve suppression objections and expressly had no objection to blood-test exhibit; admission affirmed. |
| Sufficiency of evidence / traffic-stop credibility (HGN, weaving, failure to stop) | Bailey attacks trooper’s credibility, vehicle-stop facts, and video integrity. | State: evidence (trooper testimony, HGN results, BAC) supports conviction; trial court did not abuse discretion on suppression. | Affirmed — viewed in light most favorable to verdict, evidence sufficient for conviction. |
| Jurisdiction / sovereign-citizen claim | Bailey claims he is a sovereign individual not subject to Texas laws or the court’s jurisdiction. | State: statutory definitions and case law treat living individuals as persons subject to law; presentment of information invests court with jurisdiction. | Overruled — sovereign-citizen argument rejected as frivolous; court had personal and subject-matter jurisdiction. |
Key Cases Cited
- Sweed v. City of El Paso, 195 S.W.3d 784 (Tex. App.—El Paso 2006) (pro se litigants held to same procedural standards as attorneys)
- Strange v. Cont’l Cas. Co., 126 S.W.3d 676 (Tex. App.—Dallas 2004) (pro se appellants must properly present issues)
- Plummer v. Reeves, 93 S.W.3d 930 (Tex. App.—Amarillo 2003) (appellate court should not act as advocate for pro se litigant)
- Newman v. State, 331 S.W.3d 447 (Tex. Crim. App. 2011) (to preserve pretrial complaints appellant must procure and present reporter’s record and clerk’s record)
- Johnson v. State, 760 S.W.2d 277 (Tex. Crim. App. 1988) (pro se litigants receive no special procedural consideration)
- Aguilar v. State, 846 S.W.2d 318 (Tex. Crim. App. 1993) (presentment of an information invests the trial court with jurisdiction)
- In re Marriage of Jordan, 264 S.W.3d 850 (Tex. App.—Waco 2008) (review of pro se briefs with patience and liberality)