Steven Jacob Seibert v. Antoine Caldwell, Warden
DueProcess FirstAmendment FifthAmendment HabeasCorpus CriminalProcedure Securities JusticiabilityDoctri
Whether the petitioner's conviction for aggravated stalking was unconstitutional due to lack of jurisdiction, ineffective assistance of counsel, and retroactive substantive limitations on the stalking statute
Questions Presented for Review (Background) I, the Petitioner, an Ohio native, was corporately moved to Georgia in 1980 and subsequently married a Georgia native in 1984. I then joined Nationwide Insurance Companies as an Agent and became the NBAP Agent of the Year for Georgia and the Eastern U. S. and recipient of the Companies' highest Agent awards. J later founded the Georgia Fast Food Association (GAFFA) and its Self Insured Workers’ Compensation Fund now operating as the Georgia Restaurant Mutual Insurance Company, and awarded Aetna, Safeco, and Travelers Insurance Companies’ highest Agency Awards. In the mid to late 1990's, the then current Insurance Commissioner, John Oxendine, whose father was a Gwinnett County Superior Court Judge, had associates who desired control of my four (4) profitable insurance and franchise related businesses. The co-conspirators distracted me by attacking my character and family unit ultimately enlisting my former spouse to enable their corporate piracy through the distraction of preventing my access to my children and garnering multiple illegal incarcerations of me for alleged arrearages of exorbitant child support of up to $10,000 per month through their judicial influence. During that period of time, I was also subjected to the harassment of some 12 — 14,000 hang up phone calls in a 6 month period which have now been revealed to have been made by Georgia prosecutors, judges, and GDC and other STATE employees, who were all part of the piracy and native parental kidnapping effort and likely were members or offspring of the KKK as are my former in-laws. I left Georgia in 2001-2002 after my office-home was ransacked and emptied while I was imprisoned for several days for alleged child support “enforcement”, and returned to my home state of Ohio. In 2003-2005, I became a Florida resident and Vice President of a large insurance agency and owner of other insurance related businesses in Florida, but was still unable to obtain court ordered contact with my children. On May 4, 2005, I was kidnapped from my insurance agency parking lot in Boca Raton, Florida by men claiming to be U.S. Federal Marshals but who refused to show credentials and who had no Florida, Interstate, Georgia Fugitive, or U.S. Federal warrants; transported to Georgia on May 19, and prosecuted for 3 Counts of Aggravated Stalking based on allegations that I had ordered a dozen red roses via internet from FTD.com in Illinois and sent a letter from Florida postmarked West Palm Beach to my former spouse attempting to obtain my court ordered access to my children. Actual “violation” of a Georgia restraining order issued under O.C.G.A.§19-13-4 was the only alleged essential aggravating element of the Aggravated Stalking offense. Georgia appellate courts have since determined that such conduct by a non resident does not “violate” a restraining order issued under § 19-13-4 or constitute the conduct of “stalking” because the Georgia courts lack jurisdiction, by statute, unless the alleged offender comes within the State geographical boundaries which I did not nor was I accused of, and that the actual act of conduct is performed in the non resident state. See OCGA 8§ 19-13-2; 19-13-4; 16-5-90 et.seq.; Anderson v. Deas, 273 Ga. App. 770 (June, 2005), on remand 279 Ga. App. 892 (June, 2006); . and Huggins v. Boyd, 304 Ga. App. 563 (2010). Additionally, the primary focus of the prosecution as “evidence” of the essential “course of conduct” and “pattern of harassing and intimidating behavior”elements of the offense, an unindicted prayer and letter to my teen age daughter, not the alleged victim, her mother, a year prior to the indictment dates has since been Ruled to not violate the statute. Chan v. Ellis, 296 Ga. 838 (2015), constituting a retroactive substantive limitation on the scope of conduct offensive to the statute. ii I was allegedly convicted in 2006 and sentenced in 2007 then denied constitutionally effective assistance of counsel