Oliver v. State
325 Ga. App. 649
| Ga. Ct. App. | 2014Background
- Angela Oliver, with a long history of mental-health and substance-abuse problems, lived with her mother, Ruby Goss; their relationship became volatile and violent.
- Goss obtained a family violence ex parte protective order on July 24, 2009, directing Oliver to stay away, keep 100 yards distance, and have no direct/indirect contact; a deputy served and read the order to Oliver five days later.
- On August 3, 2009, Oliver called Goss claiming a drug overdose, then arrived at Goss’s home (driven by a friend), knocked, yelled, demanded entry, and refused to leave despite requests and law-enforcement response; Oliver was transported to a hospital and later arrested.
- Oliver was indicted for aggravated stalking (violation of protective order plus pattern of harassing and intimidating behavior). Nearly two weeks before trial, counsel and Oliver signed a jury-waiver form; at trial counsel confirmed the waiver in Oliver’s presence.
- Bench trial followed; the court convicted Oliver of aggravated stalking. A post-trial motion for new trial (contesting sufficiency and the jury-waiver) was denied; Oliver appealed.
Issues
| Issue | Plaintiff's Argument (Oliver) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Sufficiency — pattern of harassing/intimidating behavior | State failed to prove a pattern; single violation insufficient | Prior violent/volatile history plus repeated contacts on Aug 3 show a pattern | Conviction affirmed: successive actions that day and prior history supported a pattern |
| Sufficiency — purpose (harass/intimidate) | Oliver went to seek help after an overdose, not to harass/intimidate | Her conduct (calling victim, having friend drive her, yelling, refusing to leave) undercuts suicide-help claim and supports intent to intimidate | Court credited evidence permitting skepticism of Oliver’s account; purpose element satisfied |
| Validity of jury-waiver | Oliver later contends she did not knowingly waive jury trial | Signed written waiver, counsel’s in-court affirmation, and counsel’s testimony about routine discussions and strategy show informed waiver | Trial court not clearly erroneous; waiver knowingly and intelligently made |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (legal sufficiency standard for criminal convictions)
- Burke v. State, 287 Ga. 377 (single violation of protective order alone insufficient to prove aggravated stalking)
- Seitman v. State, 320 Ga. App. 646 (defendant’s signature on jury-waiver form plus counsel testimony can support finding of knowing waiver)
- Jones v. State, 294 Ga. App. 169 (waiver and intent standards in stalking context)
- Balbosa v. State, 275 Ga. 574 (State must prove waiver was knowing and intelligent; oral-only counsel waiver may be insufficient)
- Herbert v. State, 311 Ga. App. 396 (series of actions on violation day can establish pattern)