Hervey v. State
308 Ga. App. 290
| Ga. Ct. App. | 2011Background
- Hervey was convicted of violating a family violence protective order and of criminal attempt to commit aggravated stalking, and he appeals the attempted aggravated stalking conviction.
- The protected person is Hervey’s former spouse, Ingrid Hervey, with whom he had two children; the couple divorced in 2006 amid disputes and threats.
- A family violence protective order was entered March 5, 2007, and a permanent order followed February 29, 2008, prohibiting Hervey from contacting the children's school.
- On March 3, 2008, Hervey went to the school for lunch with the children, violating the protective order and prompting Ms. Hervey to call authorities.
- Ms. Hervey testified to repeated threats by Hervey to take the children to Panama, establishing a context for alleged harassing and intimidating conduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence shows a pattern of harassing and intimidating behavior | Hervey shows only a single protective-order violation | Burke requires more than a single violation to prove a pattern | Yes, evidence showed a pattern sufficient for conviction |
Key Cases Cited
- State v. Burke, 287 Ga. 377, 695 S.E.2d 649 (2010) (defines harassing and intimidating in stalking statute)
- Daker v. Williams, 279 Ga. 782, 621 S.E.2d 449 (2005) (two related stalking acts can show a pattern)
- Davidson v. State, 295 Ga. App. 702, 673 S.E.2d 91 (2009) (pre-probation threats plus prohibited contact support pattern)
- Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) (sufficiency review: rational juror could find guilt beyond reasonable doubt)
- Short v. State, 234 Ga. App. 633, 507 S.E.2d 514 (1998) (standard for reviewing sufficiency of evidence)