GA 16-5-91 - GA 16-5-91

JUDICIAL DECISIONS Double jeopardy. - State may not prosecute a defendant for aggravated stalking based upon the same set of facts previously used to prosecute the same defendant for violation of a domestic violence order. Kinney v. State, 223 Ga. App. 418 , 477 S.E.2d 843 (1996). When a defendant was indicted for aggravated stalking under O.C.G.A. § 16-5-91(a) in violation of a protective order issued under O.C.G.A. § 19-13-4 , a criminal contempt proceeding based on the same incident could trigger the double jeopardy clause of the Fifth Amendment. The protective order violation contained no elements not contained in the criminal offense; furthermore, the protective order specifically enjoined the defendant from surveilling the subject of the order for the purpose of harassing and intimid...