Keaton v. State

Georgia's stalking laws were drafted to protect people, not places, and the interim order, upon which the state relied to convict the defendant, kept the defendant from the victim's home and only incidentally kept the defendant from face-to-face contact with the victim.

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Corey Keaton appeals the trial court’s denial of his motion for new trial following his conviction on charges of rape, aggravated assault, burglary, aggravated stalking and kidnapping in connection with an incident involving his estranged wife.1 For the reasons set forth below, we reverse Keaton’s aggravated stalking conviction, but otherwise affirm. Viewed in the light most favorable to the verdict, the evidence showed that Keaton was employed as a police officer with the Waycross Police Department. The victim filed for divorce from Keaton in April 1998, and a rule nisi issued at that time forbidding Keaton from having any contact with her “pending the interlocutory hearing.” The subsequent Interlocutory Order did not enjoin Keaton from having contact with the victim, but enjoined him from going to the marital residence except to retrieve or return the children for visitation. The record supports a finding that Keaton violated this order on a number of occasions, including one occasion when he entered the victim’s house without her permission and demanded sex. After the victim reported this and other violations to police, Keaton’s supervisor at the Waycross Police Department issued a written order on May 29, 1998, directing him to obey the trial court’s April 1998 order or risk a charge of insubordination under department regulations.

On September 12, 1998, the victim was home alone, when Keaton knocked on her door and asked to come inside. The victim refused. She said that Keaton then disabled the phone and entered the house through a back window. The victim said that when she tried to run away, Keaton attacked her and a protracted struggle ensued during which he raped her. After Keaton left, the victim reported the attack to the Ware County Sheriff’s office.

Keaton v. State

Georgia's stalking laws were drafted to protect people, not places, and the interim order, upon which the state relied to convict the defendant, kept the defendant from the victim's home and only incidentally kept the defendant from face-to-face contact with the victim.

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