Tidwell v. State
312 Ga. App. 468
Ga. Ct. App.2011Background
- Tidwell was convicted in Floyd County of terroristic threats and aggravated battery following a one-day trial.
- Tidwell appeals, arguing the evidence was insufficient and the trial court erred in jury instructions and in closing-argument procedures.
- The court affirms the verdicts despite some trial-court errors, finding the errors harmless in light of the record.
- The terroristic threats verdict was based on a threat to kill the victim and subsequent violent conduct, corroborated by the victim’s injuries and officers’ observations.
- The court discusses corroboration requirements, the indictment's stated theory, and the propriety of jury instructions, concluding any errors were harmless or waived.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for terroristic threats | Tidwell contends the victim’s uncorroborated testimony was insufficient | State argues independent corroboration existed (injury, witnesses, officer observations) | Yes; evidence sufficient beyond a reasonable doubt |
| Instruction on terroristic threats differing from indictment | Due process violated by charging an unalleged manner | Error was harmless given evidence of intent to terrorize | Harmless error; no reversal required |
| Failure to recharge on presumption of innocence and reasonable doubt after closing | OCGA 5-5-24 (b) requires recharge on those principles after arguments | Error harmless due to prior instructions and one-day trial | Harmless error; convictions affirmed |
| Failure to recharge corroboration after a jury request | Omission of corroboration recharge was error | Not plain error; objection waived | Waived/plain-error analysis leads to affirmance |
Key Cases Cited
- Nelson v. State, 277 Ga. App. 92 (2005) (sufficiency of corroborating testimony for terroristic threats)
- Martin v. State, 219 Ga. App. 277 (1995) (testimony of others frightened victim as corroboration)
- Anthony v. State, 276 Ga. App. 107 (2005) (intent vs. reckless conduct in threats case)
- Koldewey v. State, 310 Ga. App. 788 (2011) (evidence may support terroristic threats by intent or reckless disregard)
- Dukes v. State, 265 Ga. 422 (1995) (need for limiting instruction when charge diverges from indictment)