Category: Georgia Court of Appeals Opinions

652 S.E.2d 891 SKAGGS-FERRELL v. THE STATE. No. A07A1428.Court of Appeals of Georgia. DECIDED OCTOBER 19, 2007. MIKELL, Judge. In the second appearance of this case before this Court,[1] Olatunde Skaggs-Ferrell contends that we should reverse his convictions for aggravated assault, burglary, and attempted armed robbery because he received ineffective assistance of counsel. For the […]

607 S.E.2d 245 THE STATE v. BEASLEY. A04A0821.Court of Appeals of Georgia. DECIDED NOVEMBER 29, 2004. ADAMS, Judge. The state appeals the trial court’s grant of William Loren Beasley’s motion to suppress all evidence that led to his citations for possession of alcohol by a minor and fraudulent use of a driver’s license. Page 639 […]

404 S.E.2d 302 ROYAL v. CURRY et al. A90A2046.Court of Appeals of Georgia. DECIDED MARCH 1, 1991. REHEARING DISMISSED MARCH 13, 1991. POPE, Judge. Appellant J. Kenneth Royal was named executor of the estate of Evelyn C. Register pursuant to the terms of the decedent’s Last Will and Testament. Royal, a lawyer, also acted as […]

611 S.E.2d 678 DANOS et al. v. THOMPSON. A04A1852.Court of Appeals of Georgia. DECIDED FEBRUARY 21, 2005. RECONSIDERATION DENIED MARCH 9, 2005. RUFFIN, Chief Judge. Sarah Thompson and other homeowners in the Thunder Point Subdivision (collectively, “homeowners”) sought, inter alia, to set Page 70 aside a quitclaim deed that transferred lakefront property from Peter Danos […]

436 S.E.2d 703 THE STATE v. REICH. THE STATE v. GARZA. A93A1662, A93A1663.Court of Appeals of Georgia. DECIDED SEPTEMBER 27, 1993. BIRDSONG, Presiding Judge. The State has filed direct appeals under OCGA § 5-7-1 to challenge the trial court’s grant of appellees’ motions to exclude evidence that appellees refused to take blood-alcohol tests after they […]

606 S.E.2d 336 CONDON et al. v. VICKERY et al. (two cases). CONDON et al. v. TOMLINSON et al. A04A1338, A04A1339, A04A1340.Court of Appeals of Georgia. DECIDED NOVEMBER 3, 2004. MIKELL, Judge. These appeals arise from a longstanding dispute between adjoining property owners in McDonough. John J. Condon was cited for maintaining a nuisance by […]

445 S.E.2d 766 NEAL v. CSX TRANSPORTATION, INC. A94A0891.Court of Appeals of Georgia. DECIDED MAY 27, 1994. RECONSIDERATION DENIED JUNE 29, 1994. BLACKBURN, Judge. The appellant, Jackie Lee Neal, filed the instant complaint for damages under the Federal Employers’ Liability Act, 45 U.S.C. § 51 (FELA), against his employer, CSX Transportation, Inc., a Virginia corporation […]

194 S.E.2d 586 SHANK v. NEXSEN et al. 47613.Court of Appeals of Georgia.ARGUED NOVEMBER 7, 1972. DECIDED DECEMBER 1, 1972. QUILLIAN, Judge. The defendant W. R. Shank filed an appeal from the judgment rendered in favor of the plaintiff, Charlotte L. Nexsen, against him and the defendant, July Ann DuVall, in a personal injury case. […]

269 S.E.2d 512 EDMONDS v. THE STATE. 59717.Court of Appeals of Georgia.SUBMITTED APRIL 7, 1980. DECIDED MAY 16, 1980. DEEN, Chief Judge. Appellant Edmonds appeals from his conviction of burglary contending that the trial court erred in overruling and denying his motion to quash the indictment and in its finding at trial that he was […]

97 S.E.2d 615 SASSER v. McWANE CAST IRON PIPE COMPANY. 36586.Court of Appeals of Georgia. DECIDED FEBRUARY 28, 1957. CARLISLE, J. The McWane Company brought an action against Sasser to recover the sum of $226.98 alleged to be due under the Alabama sales tax law on equipment purchased by Sasser from McWane Company in Birmingham, […]

28 S.E.2d 87 LEE v. CLAXTON. 30148.Court of Appeals of Georgia. DECIDED DECEMBER 1, 1943. A carpenter employed by a doctor of medicine and surgery, who is a practicing physician, and who maintains a few rooms for hospitalizing his patients, to engage with other workmen. exceeding ten. In the construction of a building for a […]

686 S.E.2d 284 HEIMAN v. MAYFIELD et al. No. A09A2253.Court of Appeals of Georgia. DECIDED OCTOBER 20, 2009. RECONSIDERATION DENIED NOVEMBER 12, 2009. ELLINGTON, Judge. Curtis Lee Mayfield III and Sharon Lavigne (“the beneficiaries”) initiated this action in the Superior Court of Fulton County against Marvin Heiman and others in connection with the administration of […]

72 S.E.2d 319 TRUSSELL v. VANDIVER. 34157.Court of Appeals of Georgia. DECIDED SEPTEMBER 13, 1952. WORRILL, J. Mrs. Minnie McD. Vandiver instituted a trover suit against R. E. Trussell in the Civil Court of Fulton County, and alleged that the defendant is in possession of a certain automobile to which the plaintiff claims title, and […]

358 S.E.2d 629 WILLIAMS v. THE STATE. 74650.Court of Appeals of Georgia. DECIDED JUNE 3, 1987. REHEARING DISMISSED JUNE 15, 1987. BANKE, Presiding Judge. In a four-count indictment, the appellant, Mary Ruth Williams, was charged with murdering Alfred Lee English, Jr., and committing aggravated assault against Alfred’s mother, Barbara English, and his two sisters, Betty […]

410 S.E.2d 46 BARMORE et al. v. HIMEBAUGH. A91A0653.Court of Appeals of Georgia. DECIDED JULY 16, 1991. RECONSIDERATION DENIED JULY 31, 1991. BIRDSONG, Presiding Judge. Melissa Barmore and all other adult relatives of Jolinda Jane Rogers, an incapacitated adult, except appellee, appeal the superior court’s grant of summary judgment to appellee Jeffery Himebaugh, Rogers’ son, […]

488 S.E.2d 489 HOWARD v. THE STATE. A97A1254.Court of Appeals of Georgia. DECIDED JUNE 10, 1997 — RECONSIDERATION DENIED JUNE 19, 1997 — CERT. APPLIED FOR. McMURRAY, Presiding Judge. Defendant was tried before a jury and found guilty of a sole count of burglary. The 68-year-old victim, Mary D. Ellison, identified defendant as the “the […]

244 S.E.2d 118 EARLYWINE v. STRICKLAND. 55538.Court of Appeals of Georgia.SUBMITTED MARCH 7, 1978. DECIDED APRIL 6, 1978. WEBB, Judge. An action for malicious prosecution instituted within six months from the entry of nolle prosequi of a criminal prosecution, upon which the action was predicated, is premature and dismissal was proper. One of the five […]

320 S.E.2d 267 POLOTE v. MITCHELL et al. 68523.Court of Appeals of Georgia. DECIDED JULY 3, 1984. BANKE, Presiding Judge. This is an action by the appellant to recover from the appellees for personal injuries allegedly sustained as the result of an automobile accident. In a previous action against the appellees to recover on the […]

671 S.E.2d 240 BROCK BUILT CITY NEIGHBORHOODS, LLC v. CENTURY FIRE PROTECTION, LLC. A08A0927Court of Appeals of Georgia, Fourth Division. DECIDED: OCTOBER 30, 2008 MIKELL, Judge. Brock Built City Neighborhoods, LLC (“Brock Built”) appeals from the trial court’s entry of default judgment against it and in favor of Century Fire Protection, LLC (“Century”), contending that […]

556 S.E.2d 155 SUPERIOR BANK, FSB v. HUMAN SERVICES EMPLOYEES CREDIT UNION. A02A0037.Court of Appeals of Georgia. DECIDED: OCTOBER 24, 2001. ELDRIDGE, Judge. A used car dealer, Car Consultants Finance, Inc. d/b/a R V Auto Sales, sold the 1994 Infiniti Q45 to Ronald and Veronica D. Wilborn for their personal use. On July 15, 1998, […]

467 S.E.2d 348 SCOTT v. THE STATE A96A0236Court of Appeals of Georgia. DECIDED JANUARY 23, 1996 BLACKBURN, Judge. Frank Ellis Scott appeals his conviction for sale of cocaine and Page 907 possession of cocaine. 1. Scott asserts that the trial court erred in excusing a prospective juror who was the brother of Scott’s long-time girl […]

323 S.E.2d 227 MATHIS v. THE STATE. 68874.Court of Appeals of Georgia. DECIDED OCTOBER 4, 1984. SOGNIER, Judge. Mathis appeals from conviction of two counts of robbery and three counts of armed robbery. 1. Appellant contends the trial court erred by not excluding from his confession which was read to the jury a statement that […]

427 S.E.2d 802 JONES v. FULTON COUNTY et al. A92A1891.Court of Appeals of Georgia. DECIDED FEBRUARY 3, 1993. RECONSIDERATION DENIED FEBRUARY 19, 1993. POPE, Chief Judge. Plaintiff William S. Jones was joint owner, with his ex-wife Linda Jones, of an undeveloped lot in Fulton County. Pursuant to the terms of the consent order entered in […]

662 S.E.2d 159 VEREEN v. DEUTSCHE BANK NATIONAL TRUST COMPANY et al. No. A08A1035.Court of Appeals of Georgia. DECIDED APRIL 21, 2008. BLACKBURN, Presiding Judge. In this dispossessory action, Solomon Vereen, acting pro se, appeals the grant of a writ of possession in favor of Deutsche Bank National Trust Company (“Deutsche Bank”), arguing that the […]

373 S.E.2d 286 BENNETT ELECTRIC COMPANY v. SPEARS. 76970.Court of Appeals of Georgia. DECIDED SEPTEMBER 21, 1988. BEASLEY, Judge. The sole issue in this appeal, which was transferred from the Supreme Court, is whether OCGA § 9-12-60 (a) (2) refers to the general execution docket only of the county in which the original judgment was […]

594 S.E.2d 678 WALKER v. THE STATE. A03A2233Court of Appeals of Georgia. DECIDED: FEBRUARY 5, 2004 MILLER, Judge. Following a jury trial, Clarence W. Walker, Jr., was convicted of possessing cocaine based on evidence of cocaine residue remaining on a crack pipe discovered in a car he was driving. Walker appeals, challenging the sufficiency of […]

370 S.E.2d 829 ST. PAUL FIRE MARINE INSURANCE COMPANY et al. v. GEORGIA INTERSTATE ELECTRIC COMPANY. 76113.Court of Appeals of Georgia. DECIDED JUNE 21, 1988. BEASLEY, Judge. St. Paul, surety on the payment bond, and Atlantic States Construction, Inc., general contractor and principal on the bond, appeal the denial of their motions for directed verdict […]

190 S.E.2d 792 HODO v. THE STATE. (two cases). 47181, 47182.Court of Appeals of Georgia.SUBMITTED MAY 4, 1972. DECIDED MAY 12, 1972. QUILLIAN, Judge. These appeals are from the overruling of the defendant’s motion for a new trial on the general grounds. The evidence supported the verdict and the appeals are without merit. Judgment affirmed. […]

504 S.E.2d 269 McCALLA, et al. v. STUCKEY A98A1196.Court of Appeals of Georgia. DECIDED JULY 13, 1998. POPE, Presiding Judge. The sole issue in this appeal is whether Count 1 of plaintiff Stuckey’s complaint was governed by OCGA § 9-3-23, which provides a twenty-year period of limitations for written contracts under seal, or by OCGA […]

190 S.E.2d 87 ABEL v. J. H. HARVEY COMPANY, INC. 47124.Court of Appeals of Georgia.SUBMITTED APRIL 6, 1972. DECIDED APRIL 19, 1972. DEEN, Judge. In this personal injury action the trial court granted the defendant’s motion for summary judgment on November 23, 1971. A notice of appeal was filed December 22, 1971, which stated: “Transcript […]

317 S.E.2d 213 JOHNSON v. THE STATE. 67538.Court of Appeals of Georgia. DECIDED FEBRUARY 22, 1984. REHEARING DENIED MARCH 21, 1984. QUILLIAN, Presiding Judge. Defendant appeals his conviction for homicide by vehicle in the first degree in violation of OCGA § 40-6-393 (a), which provides: “Any person who, without malice aforethought, causes the death of […]

205 S.E.2d 536 REYNOLDS v. THE STATE. 49161.Court of Appeals of Georgia.SUBMITTED MARCH 5, 1974. DECIDED MARCH 12, 1974. HALL, Presiding Judge. Defendant appeals from his conviction for voluntary manslaughter. The defendant admitted shooting his wife with a pistol but claimed that he drew in self defense and fired by accident. Testimony shows that the […]

188 S.E.2d 885 LANIER et al. v. ZAYRE OF GEORGIA, INC. et al. 46869.Court of Appeals of Georgia.ARGUED FEBRUARY 7, 1972. DECIDED MARCH 17, 1972. JORDAN, Presiding Judge. On May 8, 1968, a family-purpose automobile operated by James David Cosgrove and owned by his wife struck Wanda Gail Lanier, age 6, in an off-street parking […]

641 S.E.2d 262 BURCHETT v. THE STATE. No. A06A2316.Court of Appeals of Georgia. DECIDED JANUARY 12, 2007. ELLINGTON, Judge. After a bench trial, the State Court of Forsyth County convicted Bradley Burchett of possession of an alcoholic beverage by a person under 21 years of age, OCGA § 3-3-23 (a) (2). Burchett appeals, contending the […]

166 S.E.2d 35 YARBROUGH v. THE STATE. 44113.Court of Appeals of Georgia.SUBMITTED JANUARY 8, 1969. DECIDED JANUARY 15, 1969. EBERHARDT, Judge. J. W. Yarbrough was indicted in Bartow County for the offense of forging a warranty deed. When the case was called for trial February 2, 1968, he entered Page 47 his plea of nolo […]

175 S.E.2d 148 SHEARD v. THE STATE. 44953.Court of Appeals of Georgia.SUBMITTED JANUARY 5, 1970. DECIDED APRIL 9, 1970. WHITMAN, Judge. The sole enumeration of error in this appeal is that the trial court erred: “[I]n failing to sustain defendant’s motion to quash accusation No. 12619 in which the said defendant was charge with violating […]

538 S.E.2d 531 CALDWELL v. STATE. A00A1075.Court of Appeals of Georgia. DECIDED: AUGUST 22, 2000. ELLINGTON, Judge. A jury found Walter Caldwell guilty of false imprisonment, O.C.G.A. § 16-5-41, and aggravated assault, O.C.G.A. § 16-5-21. Caldwell appeals from the order denying his motion for new trial, challenging the admission of certain evidence, the prosecutor’s closings […]

258 S.E.2d 217 MEYER v. THE STATE. 57394.Court of Appeals of Georgia.SUBMITTED MARCH 7, 1979. DECIDED JUNE 22, 1979. REHEARING DENIED JULY 10, 1979. SHULMAN, Judge. Defendant-Meyer was a passenger in a car driven by her boyfriend, Richard Stegman. Another automobile pulled up beside Stegman’s vehicle, which was stopped at a traffic light. When the […]

295 S.E.2d 584 LUCK v. THE STATE. 64000.Court of Appeals of Georgia. DECIDED SEPTEMBER 30, 1982. CARLEY, Judge. Appellant was tried under a two-count indictment. Count I alleged a violation of Ga. Code Ann. § 79A-811 (i) in that appellant sold “an unidentified substance . . . being a counterfeit of a controlled substance, to […]

154 S.E.2d 796 SWITZERLAND GENERAL INSURANCE COMPANY v. CONOWAY, Trustee, et al. 42632.Court of Appeals of Georgia.ARGUED MARCH 8, 1967. DECIDED APRIL 5, 1967. DEEN, Judge. 1. Deeds of conveyance to trustees or other persons for the use of a church or religious society vest the interest conveyed to be held in the church or […]

236 S.E.2d 168 LEATHERBY INSURANCE COMPANY et al. v. HUBBARD. 53753.Court of Appeals of Georgia.ARGUED APRIL 7, 1977. DECIDED MAY 31, 1977. MARSHALL, Judge. This appeal is brought in a workmen’s compensation case by the employer and the present carrier of the employer’s compensation insurance. The evidence shows without dispute that the employee, Hubbard, in […]

639 S.E.2d 556 IN THE INTEREST OF A. D., a child. A07A0239.Court of Appeals of Georgia. DECIDED NOVEMBER 28, 2006. BLACKBURN, Presiding Judge. Adjudicated delinquent based on evidence of having committed a burglary, minor A. D. appeals, challenging the sufficiency of the evidence and arguing that the juvenile court erred in admitting and considering hearsay […]

643 S.E.2d 356 WHITE v. SCOTT et al. No. A06A2191.Court of Appeals of Georgia. DECIDED MARCH 8, 2007. ELLINGTON, Judge. Bobby W. White appeals from an order of the Stephens County Superior Court denying his motion for new trial in this personal injury automobile accident suit brought by Carolyn and Julius Scott. The jury found […]

410 S.E.2d 36 VOLCEY v. THE STATE. PAUL v. THE STATE. A91A0600, A91A0601.Court of Appeals of Georgia. DECIDED JUNE 28, 1991. RECONSIDERATION DENIED JULY 23, 1991 AND RECONSIDERATION DISMISSED AUGUST 14, 1991. COOPER, Judge. Defendants Ouslet Volcey and Cenor Paul were jointly indicted on charges of trafficking in cocaine. Volcey was also indicted on two […]

325 S.E.2d 851 DINNAN v. THE STATE (two cases). 68881, 68882.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1984. REHEARING DENIED DECEMBER 20, 1984. BIRDSONG, Presiding Judge. James Andrew Dinnan (hereinafter “Dr. Dinnan”) was convicted of simple battery. His son James Walter Dinnan (hereinafter “Jim”) was convicted of obstructing an officer. Each was sentenced to […]

186 S.E.2d 149 HARMON v. W. JAMES WILSON ASSOCIATES, INC. 46451.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 13, 1971. DECIDED NOVEMBER 2, 1971. JORDAN, Presiding Judge. In this eviction proceeding commenced under Code Ch. 61-3 on March 23, 1971, the defendant Harmon appeals from an order of May 4, 1971, entitling the plaintiff corporation to possession […]

209 S.E.2d 239 PETTY v. LEE et al. 49475.Court of Appeals of Georgia.ARGUED JULY 1, 1974. DECIDED OCTOBER 1, 1974. BELL, Chief Judge. In this case plaintiff sought recovery for damages based on fraud and deceit arising from the sale of a house. The defendants are the seller and the real estate agent. The plaintiff […]

585 S.E.2d 657 EMPIRE FIRE MARINE INSURANCE COMPANY v. DRISKELL et al. A03A0121.Court of Appeals of Georgia. Decided July 1, 2003 RUFFIN, Presiding Judge. This insurance dispute is before us for a second time.[1] In the instant appeal, Empire Fire Marine Insurance Company (“Empire”) challenges the trial court’s order requiring Empire to pay Christine Harris […]

331 S.E.2d 120 WARREN v. THE STATE. 69669.Court of Appeals of Georgia. DECIDED APRIL 1, 1985. BENHAM, Judge. Appellant was convicted of violation of the Georgia Controlled Substances Act and sentenced to eight years to serve in the penitentiary. His attorney filed a motion to withdraw as counsel pursuant to Anders v. California, 386 U.S. […]

641 S.E.2d 559 MESAROS v. THE STATE. No. A06A2366.Court of Appeals of Georgia. DECIDED JANUARY 10, 2007. RECONSIDERATION DENIED JANUARY 30, 2007. RUFFIN, Judge. On August 11, 2002, Frank Mesaros was arrested for driving under the influence and failure to maintain a lane while driving. In March 2005, Mesaros moved to dismiss the accusation against […]

232 S.E.2d 129 RELIFORD v. CENTRAL OF GEORGIA RAILROAD COMPANY; and vice versa. 52886, 52887.Court of Appeals of Georgia.ARGUED OCTOBER 5, 1976. DECIDED DECEMBER 2, 1976. REHEARING DENIED DECEMBER 15, 1976. SMITH, Judge. In this FELA case, plaintiff’s decedent was shot and killed by a third party while working for the defendant railroad company. His […]

242 S.E.2d 365 CITIZENS SOUTHERN NATIONAL BANK v. WRAY et al. 55093.Court of Appeals of Georgia.ARGUED JANUARY 17, 1978. DECIDED FEBRUARY 8, 1978. BELL, Chief Judge. Plaintiff bank had a summons of garnishment issued and served on the garnishee, First Federal Savings Loan Association of Milledgeville, in an effort to obtain partial payment of a […]

423 S.E.2d 300 FULMER v. THE STATE. A92A1091.Court of Appeals of Georgia. DECIDED OCTOBER 2, 1992. JOHNSON, Judge. Broadus Walton Fulmer was convicted of kidnapping and rape. His motion for a new trial was denied and he appeals. 1. Fulmer contends that the trial court erred in admitting testimony from a forensic serologist as to […]

276 S.E.2d 259 JENNINGS v. MESSMAN. 60557.Court of Appeals of Georgia. DECIDED JANUARY 8, 1981. BIRDSONG, Judge. This appeal challenges the trial court’s judgment entered April 8, 1980 setting aside the previous order of said court dated February 22, 1980. It is uncontested that the trial court effectively reversed itself about 1-1/2 months after the […]

471 S.E.2d 59 ADIVARI v. SEARS, ROEBUCK COMPANY ET AL. A96A1331.Court of Appeals of Georgia. DECIDED MAY 3, 1996. McMURRAY, Presiding Judge. In this workers’ compensation case, the superior court dismissed claimant Suzanne Adivari’s pro se appeal from the decision of the Appellate Division, ostensibly pursuant to the provisions of OCGA § 34-9-105, in an […]

137 S.E.2d 316 WALLACE v. EVANS. 40622.Court of Appeals of Georgia. DECIDED APRIL 22, 1964. REHEARING DENIED MAY 8, 1964. 1. The pre-trial stipulation of the parties as to the form of verdict to be rendered in a processioning case, where the applicant and protestant each contended for specified lines as being the true line, […]

686 S.E.2d 314 DAVIS v. BATCHELOR et al. No. A09A0803.Court of Appeals of Georgia. DECIDED OCTOBER 30, 2009. ADAMS, Judge. Henry Davis brought suit against Officer Jason Batchelor and the city of Warner Robins for damages arising out of an incident when Batchelor ran over Davis’s foot with his patrol car in connection with Davis’s […]

369 S.E.2d 487 MITCHELL v. THE STATE. 76492.Court of Appeals of Georgia. DECIDED APRIL 19, 1988. REHEARING DENIED MAY 3, 1988. DEEN, Presiding Judge. The appellant, Ed Hill Mitchell, was indicted and tried for aggravated assault with intent to murder his mother, two counts of aggravated assault upon his mother with a deadly weapon, and […]

23 S.E.2d 545 CHAMBERS v. THE STATE. 29232.Court of Appeals of Georgia. DECIDED NOVEMBER 17, 1942. 1. “Where as related to a particular felony the law prescribes the same punishment for an accessory before the fact that is prescribed for a principal, a person may be indicted and convicted as a principal on evidence showing […]

645 S.E.2d 629 WATSON v. GEORGIA DEPARTMENT OF CORRECTIONS. No. A07A0840.Court of Appeals of Georgia. DECIDED APRIL 17, 2007. BLACKBURN, Presiding Judge. Thomas Watson appeals the dismissal of his tort and 42 USC § 1983 claims against the Georgia Department of Corrections (the “Department”), arguing that the trial court erred in finding that his claims […]

248 S.E.2d 542 CARROLL v. MISSION INSURANCE COMPANY et al. 56399.Court of Appeals of Georgia.ARGUED SEPTEMBER 6, 1978. DECIDED SEPTEMBER 21, 1978. WEBB, Judge. The administrative law judge in this workman’s compensation case, after an all issues hearing, held that Page 263 the claimant had not carried his burden of proving that his disability had […]

424 S.E.2d 887 LOVELESS v. SUN STEEL, INC. A92A1440.Court of Appeals of Georgia. DECIDED NOVEMBER 12, 1992. COOPER, Judge. In this action for payment of monies due an attorney for legal services provided pursuant to a written contract, we granted appellant-attorney’s petition for interlocutory appeal from the denial of his motion for summary judgment. In […]

654 S.E.2d 465 IN THE INTEREST OF A. J., a child. No. A07A2308.Court of Appeals of Georgia. DECIDED NOVEMBER 27, 2007. RUFFIN, Judge. The father of A. J. appeals the termination of his parental rights, challenging the sufficiency of the evidence.[1] He asserts that the State did not establish by clear and convincing evidence either […]

32 S.E.2d 121 BEARD v. THE STATE. 30592.Court of Appeals of Georgia. DECIDED SEPTEMBER 20, 1944. REHEARING DENIED NOVEMBER 17, 1944. 1. The right to correct the errors of inferior judicatories by certiorari is a constitutional right; and although the act creating the city court of Decatur provides that “any case trial in the city […]

458 S.E.2d 148 IN THE INTEREST OF T. M. R. et al., children. A95A0725.Court of Appeals of Georgia. DECIDED MAY 19, 1995. McMURRAY, Presiding Judge. Defendant Ray appeals an order of the juvenile court terminating his parental rights in his children, T. M. R. and J. G. R. These children had initially been taken into […]

493 S.E.2d 196 BROWN v. PIGGLY WIGGLY SOUTHERN, INC. et al. A97A1803.Court of Appeals of Georgia. DECIDED SEPTEMBER 30, 1997. BLACKBURN, Judge. This is the second appearance of this case before us. I Piggly Wiggly Southern v. Brown, 219 Ga. App. 614 (468 S.E.2d 387) (1995), this court affirmed the trial court’s denial of summary […]

325 S.E.2d 925 H. C. S. et al. v. GREBEL. 67329.Court of Appeals of Georgia. DECIDED DECEMBER 3, 1984. CARLEY, Judge. In the original appearance of the instant case before this court, we held that, under the circumstances presented, the Superior Court of DeKalb County was without jurisdiction to hear the petition to terminate the […]

402 S.E.2d 363 BAILEY v. THE STATE. A90A1638.Court of Appeals of Georgia. DECIDED FEBRUARY 20, 1991. McMURRAY, Presiding Judge. Defendant appeals his conviction of the offenses of burglary and rape. Held: 1. The prosecutor asked a police officer witness if any fingerprints were taken. The officer responded that he did not recall. The prosecutor then […]