KOLDEWEY v. State
310 Ga. App. 788
Ga. Ct. App.2011Background
- Koldewey, on probation in a drug court, told his mother of violent thoughts in Jan. 2008.
- Intake at Gateway Behavioral Health Services led to interviews with Spores and Tushman about homicidal ideation.
- During intake, Koldewey threatened Judge A.W. and described killing her; he also made threats against Alpha House and its residents.
- Koldewey was transported to a crisis unit and then to a regional mental health hospital for evaluation and treatment.
- He was charged by a six-count indictment for terroristic threats; resulting verdicts merged Counts 1 and 2, and he was sentenced on Counts 3–6; he appeals raising sufficiency and jury-instruction issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for threats to Judge A.W. | Koldewey argues threats to A.W. were for diagnostic purposes, not to terrorize. | State contends threats to A.W. could support terroristic threats despite diagnostic context. | Counts 1 and 2 reversed; insufficient evidence to support terroristic threats against A.W. |
| Sufficiency of evidence for threats against C.W. and Alpha House | Threats to C.W. and Alpha House were for intimidation of the targets as alleged. | Threats were not merely for diagnosis; they supported intent to terrorize. | Counts 3 and 4 affirmed; sufficient evidence to support terroristic threats. |
| Involuntary intoxication jury instruction burden | Involuntary intoxication instruction improperly shifted burden to Koldewey. | Georgia law allows burden on defendant to prove lack of mental responsibility in insanity-like defenses. | No reversible error; instruction aligned with Georgia precedent allowing burden on defendant. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (Supreme Court 1979) (sufficiency review standard; rational finder could convict)
- State v. Moore, 237 Ga. 269 (Ga. 1976) (affirmative defense burden shifting; later developments noted)
- Durrence v. State, 287 Ga. 213 (Ga. 2010) (insanity defense burden on defendant; presumption of sanity)
- Stewart v. State, 291 Ga. App. 846 (Ga. App. 2008) (involuntary intoxication, burden on defendant; corroborating authority)
- May v. State, 287 Ga. App. 407 (Ga. App. 2007) (presumption of sanity and burden framework referenced)