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· 7/13/2011

KOLDEWEY v. State

Citations

  • 714 S.E.2d 371
  • 310 Ga. App. 788
  • 2011 Fulton County D. Rep. 2471
  • 2011 Ga. App. LEXIS 658

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a defendant had no intent to communicate his threats to a victim where he made them for the purpose of obtaining a diagnosis and treatment from mental health professionals
  • reversing conviction when defendant communicated threat for purpose of seeking mental health evaluation and treatment
  • “To prove the crime of terroristic threats as alleged in Counts 1 through 4, the State’s burden was to show that Koldewey ‘threaten[ed] to commit any crime of violence . . . or to burn or damage property . . . .” (quoting O.C.G.A. § 16-11-37(a))
  • where defendant informed victim in a telephone call that, after his release from the mental health hospital, “whatever happens, happens,” evidence would support the inference that call was made with intent to terrorize or “at least in reckless disregard of the risk of causing such terror”

Source: CourtListener parenthetical corpus (CC0).

Judges: Doyle, Ellington, Miller

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.