No. 18-9435

Steven Jacob Seibert v. Antoine Caldwell, Warden

Lower Court: Georgia
Docketed: 2019-05-29
Status: Dismissed
Type: IFP
Response WaivedIFP
Tags: civil-rights criminal-procedure due-process free-speech habeas-corpus ineffective-counsel interstate-communication jurisdiction jurisdiction-challenge restraining-order retroactivity. stalking-statute standing
Key Terms:
DueProcess FirstAmendment FifthAmendment HabeasCorpus CriminalProcedure Securities JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

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

Docket Entries

2019-10-07
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2019-06-13
DISTRIBUTED for Conference of 10/1/2019.
2019-06-03
Waiver of right of respondent Antoine Caldwell to respond filed.
2019-03-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 28, 2019)
2019-02-06
Application (18A800) granted by Justice Thomas extending the time to file until March 21, 2019.
2019-01-15
Application (18A800) to extend the time to file a petition for a writ of certiorari from January 20, 2019 to March 21, 2019, submitted to Justice Thomas.

Attorneys

Antoine Caldwell
Andrew Alan PinsonOffice of the Georgia Attorney General, Respondent
Andrew Alan PinsonOffice of the Georgia Attorney General, Respondent
Steven Jacob Seibert
Steven J. Seibert — Petitioner
Steven J. Seibert — Petitioner