Isenhower v. State
324 Ga. App. 380
Ga. Ct. App.2013Background
- Karen White Isenhower, a county commissioner and mother of a student, went to Heard County High School after making prior complaints about child labor and asbestos; superintendent had sent a letter rejecting her allegations.
- On May 1, 2009, Isenhower sought State School Superintendent Kathy Cox at a construction tour; she checked in at the front office but was not issued a visitor pass and had no appointment.
- She located Cox and school officials on the third floor of the new building; Principal Sowell asked her to leave and she complied initially.
- Assistant Principal Edwards later found her on the second floor, told her she was not supposed to be there and to leave; she left the building and then the campus, moving her car across the street and waiting until Cox left.
- Isenhower was convicted by a jury of loitering upon school premises (OCGA § 20-2-1180) and criminal trespass (OCGA § 16-7-21(b)); she appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for loitering on school premises (OCGA § 20-2-1180) | Isenhower argues she did not willfully fail to remove herself after being asked to leave; she left promptly | State argues she remained on school premises after being asked to leave and thus violated statute | Reversed — evidence insufficient: brief reasonable time to leave prevented finding of willful failure to remove herself |
| Failure to give justification jury charge for criminal trespass (OCGA § 16-7-21(b)) | Isenhower contends she was justified because administrators had verbally agreed to meet about her son’s welfare | State contends she was banned by prior letter and had no written authorization; no emergency or duty compelled her presence | Affirmed — no evidence supported a justification defense warranting a jury charge |
| Trial court commentary and ineffective assistance claims relating to loitering count | Isenhower claims counsel failed to investigate/call witnesses and judge commented improperly | State relies on sufficiency of evidence and that commentary/assistance claims depend on the loitering conviction | Not reached on merits for ineffective assistance/commentary because loitering conviction reversed for insufficiency |
| Application of "reasonable time to depart" principle in statutory construction | Isenhower argues statute was applied unreasonably | State argues literal statutory text prohibits remaining when asked to leave | Court construes statute to allow a reasonable time to depart; avoids absurd result and reverses loitering conviction |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of the evidence)
- Pressley v. State, 269 Ga. App. 143 (reasonable time to leave relevant in criminal trespass context)
- Tarvestad v. State, 261 Ga. 605 (justification charge appropriate where conduct stands on same footing of reason and justice)
- Brower v. State, 298 Ga. App. 699 (justification charge not required absent immediate need or duty to act)
- Hill v. State, 309 Ga. App. 531 (apply plain statutory text when construction is not absurd)