Schneider v. State
312 Ga. App. 504
| Ga. Ct. App. | 2011Background
- Schneider, after release from prison, formed a relationship with a 65-year-old widow in Sunbury, moved into her home, and began abusive conduct.
- He burned the victim’s furniture and restrained her, including forcing her to sit in a chair, cursing at her, and preventing bathroom use.
- He damaged the victim’s car, taunted her son, and threatened violent harm, including threatening to slice the son’s throat.
- On Feb. 22, 2007, he forced the victim to sign a boat sale bill of sale and to write a $12,000 check while she was naked.
- He forced the victim into a water-filled bathtub, threatened to kill her with a hair dryer, and committed acts of feces-related abuse.
- Schneider pawned jewelry taken from the victim and fled on a boat, was later captured by the Coast Guard in Florida.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of terroristic threats evidence | Schneider argues no corroboration for the threat. | State contends corroboration exists via surrounding conduct. | Sufficient corroboration; verdict supported. |
| Plain error in terroristic threats jury instruction | Indictment limited to heart-attack threat; instruction broader. | Limiting instructions cured error; due process not violated. | No plain error; instruction cured by limiting guidance. |
| False imprisonment sufficiency | Detention not proven; minor restraint. | Detention occurred; sufficient for conviction. | Evidence supported false imprisonment conviction. |
| Theft by taking value element | Jewelry valued over $500; felony theft proper. | Value not proven above $500; must be misdemeanor. | Value not proven; vacate felony and remand for misdemeanor. |
Key Cases Cited
- Hyde v. State, 291 Ga.App. 662, 662 S.E.2d 764 (2008) (Ga. App. 2008) (standard for reviewing sufficiency on appeal)
- Wilson v. State, 291 Ga.App. 263, 264(1), 661 S.E.2d 634 (2008) (Ga. App. 2008) (corroboration may be sufficient from surrounding evidence)
- Scott v. State, 225 Ga.App. 729, 732(3), 484 S.E.2d 780 (1997) (Ga. App. 1997) (corroboration allowing testimony to support conviction)
- Sampson v. State, 209 Ga.App. 213, 215(1), 433 S.E.2d 136 (1993) (Ga. App. 1993) (presence and prior conduct as corroboration)
- Harwell v. State, 270 Ga. 765, 766(1), 512 S.E.2d 892 (1999) (Ga. 1999) (due process limits on indictment-versus-instruction mismatch)
- Machado v. State, 300 Ga.App. 459, 462(5), 685 S.E.2d 428 (2009) (Ga. App. 2009) (limiting instructions can cure due process concerns)
- Milner v. State, 297 Ga.App. 859, 860-861(1), 678 S.E.2d 563 (2009) (Ga. App. 2009) (limiting instructions important for specific allegation)