Category: Georgia Supreme Court Opinions

381 S.E.2d 577 BENTON v. WESLEY MACHINERY, INC. A89A0217.Court of Appeals of Georgia. DECIDED APRIL 14, 1989. POPE, Judge. Plaintiff Wesley Machinery, Inc., sued defendant Dr. Phillip Benton on an open account for farm equipment, repair services and other goods and services supplied by plaintiff to defendant. One of the items on the account was […]

442 S.E.2d 13 DEPARTMENT OF CORRECTIONS v. FINNEY; and vice versa. A91A2022, A91A2023.Court of Appeals of Georgia. DECIDED MARCH 15, 1994. BLACKBURN, Judge. Shirley Finney successfully pursed a claim of racial discrimination in a disciplinary action against the Georgia Department of Corrections before the Georgia Office of Fair Employment Practices (OFEP) under the Fair Employment […]

510 S.E.2d 619 EVANS v. THE STATE. A98A2471.Court of Appeals of Georgia. DECIDED JANUARY 5, 1999. McMURRAY, Presiding Judge. Defendant, acting pro se, was tried before the trial court and found guilty of disregarding a stop sign in violation of OCGA § 40-6-72 (b). Defendant, acting pro se, filed this appeal after the court’s entry […]

135 S.E.2d 442 AMERICAN FAMILY LIFE INSURANCE COMPANY v. GLENN, Administratrix. 40492.Court of Appeals of Georgia. DECIDED JANUARY 31, 1964. 1. Where an insured responded “no” to an insurance application question asking whether he had “ever been treated for, or advised by a physician” that he had a rupture, evidence not showing either treatment or […]

91 S.E.2d 194 McCALLUM v. BRYANT. 35945.Court of Appeals of Georgia. DECIDED JANUARY 12, 1956. QUILLIAN, J. 1. The petition of a mother suing for the loss of services of her minor daughter, under the provisions of Code §§ 74-108 and 53-511 — alleging, as in this case, facts sufficient to show that her daughter […]

628 S.E.2d 173 HARDWICK v. ATKINS et al. A05A2221.Court of Appeals of Georgia. DECIDED MARCH 7, 2006. RUFFIN, Chief Judge. This case provides yet another example of the perils attendant pro se litigation. If the law is inexcusably unknown, it is not currently unknowable. Negotiating a procedural minefield is sometimes difficult for the seasoned practitioner; […]

580 S.E.2d 602 MALLARD et al. v. FOREST HEIGHTS WATER WORKS, INC. et al. A03A0804.Court of Appeals of Georgia. DECIDED: MARCH 19, 2003 Reconsideration Denied April 7, 2003 BLACKBURN, Presiding Judge. Following a grant of summary judgment to the defendants Forest Heights Water Works, Inc. and Lee Anderson (“Forest Heights”), Robert and Donna Mallard appeal, […]

164 S.E.2d 450 JACKSON v. BROWN. 43978.Court of Appeals of Georgia.SUBMITTED OCTOBER 8, 1968. DECIDED OCTOBER 25, 1968. The limitation for an action based on a written acknowledgment of an account is four years from the date of the writing. SUBMITTED OCTOBER 8, 1968 — DECIDED OCTOBER 25, 1968. Action on account. Wilkes Superior Court. […]

501 S.E.2d 862 IN THE INTEREST OF J. B. A. ET AL., CHILDREN. A98A0508.Court of Appeals of Georgia. DECIDED APRIL 23, 1998. BLACKBURN, Judge. Appellant, the biological mother[1] of J. B. A. and V. C. C., appeals Page 346 the juvenile court’s termination of her parental rights, contending the evidence was insufficient to support the […]

298 S.E.2d 268 BERRY v. ATLANTA OUTDOOR ADVERTISING, INC. 64515.Court of Appeals of Georgia. DECIDED NOVEMBER 24, 1982. SOGNIER, Judge. Atlanta Outdoor Advertising sued Kennesaw Mint, Inc. on an open account, and sued Connie Mack Berry, president of Kennesaw Mint, on a letter guaranteeing payment of Kennesaw Mint’s obligation on the account. The action against […]

419 S.E.2d 56 TAYLOR v. THE STATE. A92A0081.Court of Appeals of Georgia. DECIDED APRIL 30, 1992. RECONSIDERATION DENIED MAY 14, 1992. CARLEY, Presiding Judge. After a jury trial, appellant was found guilty of trafficking in cocaine and possession of marijuana. He appeals from the judgments of conviction and sentences entered by the trial court on […]

287 S.E.2d 286 LUNDY v. THE STATE. 62291.Court of Appeals of Georgia. DECIDED OCTOBER 19, 1981. REHEARING DENIED NOVEMBER 4, 1981. POPE, Judge. The judgment of the trial court is affirmed in accordance with Court of Appeals Rule 36. Judgment affirmed. Quillian, C. J., and McMurray, P. J., concur. DECIDED OCTOBER 19, 1981 — REHEARING […]

317 S.E.2d 219 TURNER v. THE STATE. 67708.Court of Appeals of Georgia. DECIDED FEBRUARY 27, 1984. REHEARING DENIED MARCH 21, 1984. QUILLIAN, Presiding Judge. Indicated for armed robbery, defendant appeals his conviction for robbery by intimidation. Held: 1. In four enumerations defendant raises the general grounds and challenges the sufficiency of the evidence to support […]

159 S.E.2d 134 WESTERN ATLANTIC RAILROAD COMPANY v. DAVIS et al.; and vice versa. 43235, 43236.Court of Appeals of Georgia.ARGUED NOVEMBER 7, 1967. DECIDED DECEMBER 1, 1967. REHEARING DENIED DECEMBER 14, 1967. 1. (a) Upon demurrer the court may supply neither essential allegations of fact for a deficient petition nor allegations of fact to render […]

57 S.E.2d 611 SMITH et al. v. SMITH. 16894.Supreme Court of Georgia. JANUARY 13, 1950. REHEARING DENIED FEBRUARY 17, 1950. 1. In an action for trespass to land instituted against the heirs at law of A, the plaintiff is a competent witness to testify in his own behalf as to a conversation he had with […]

93 S.E.2d 663 PARKS v. THE STATE. 19280.Supreme Court of Georgia.ARGUED MARCH 12, 1956. DECIDED MAY 14, 1956. REHEARING DENIED JUNE 14, 1956. 1. The special grounds of the motion for new trial are without merit. 2. Since article 6, section 14, paragraph 6 of the Constitution (Code, Ann., § 2-4906) provides that “all criminal […]

187 S.E.2d 856 SPURLIN v. THE STATE. 26978.Supreme Court of Georgia.SUBMITTED FEBRUARY 14, 1972. DECIDED MARCH 9, 1972. 1, 2. Denial of motions for continuance and for subpoena of court records was not erroneous. 3. Venue of the offense was proved. Page 764 4. Denial of the motion for mistrial was proper. 5. The two […]

14 S.E.2d 568 BAILEY v. B. F. COGGINS GRANITE AND MARBLE INDUSTRIES INCORPORATED. 13652.Supreme Court of Georgia. APRIL 18, 1941. Allegations of the plaintiff’s petition being hypothetical, and not positive as to essential facts upon which relief was sought, the general demurrer was properly sustained. No. 13652. APRIL 18, 1941. Petition for injunction. Before Judge […]

588 S.E.2d 742 IN THE MATTER OF STEPHEN T. MAPLES. S03Y1478.Supreme Court of Georgia. DECIDED NOVEMBER 10, 2003. RECONSIDERATION DENIED DECEMBER 11, 2003. PER CURIAM. This matter is before the Court on the Report of the Review Panel in which it adopts the special master’s conclusion that Respondent Stephen T. Maples violated Standard 44 (lawyer […]

114 S.E.2d 420 PHILLIPS v. FULTON et al., Commissioners. et al. 20839.Supreme Court of Georgia.SUBMITTED MARCH 15, 1960. DECIDED APRIL 4, 1960. REHEARING DENIED APRIL 27, 1960. QUILLIAN, Justice. J. C. Phillips filed an application for a permit to build a trailer park in Chatham County with the Chatham County Board of Commissioners. The application […]

596 S.E.2d 127 HANCOCK v. THE STATE. S04A0392.Supreme Court of Georgia. DECIDED APRIL 27, 2004. RECONSIDERATION DENIED MAY 20, 2004. HUNSTEIN, Justice. Merry Angela Hancock was convicted of murder in the shooting deaths of Helen Neal Hancock and Howard Brooks Hancock, the parents of her husband. The jury rejected verdicts of not guilty by reason […]

621 S.E.2d 738 HOWERTON v. DANENBERG. S05A1335.Supreme Court of Georgia. DECIDED NOVEMBER 7, 2005. HUNSTEIN, Presiding Justice. In 1988, the State sought the death penalty against appellant Robert Danenberg based on charges of malice murder and aggravated assault arising out of the fatal shooting of Deborah Lamb. Danenberg pled guilty to the crimes in 1989 […]

479 S.E.2d 746 COHEN v. BAXTER. S96G1226.Supreme Court of Georgia. DECIDED JANUARY 21, 1997. FLETCHER, Presiding Justice. Susan and Timothy Baxter sued Dr. David Cohen for medical malpractice. The jury returned a verdict for Cohen and the Baxters appealed. The court of appeals reversed, holding that the trial court erred in denying a challenge for […]

428 S.E.2d 325 BRAND v. SZABO. S93A0550.Supreme Court of Georgia. DECIDED APRIL 12, 1993. RECONSIDERATION DENIED MAY 6, 1993. HUNT, Presiding Justice. We granted Brand’s application for a certificate of probable cause to appeal the superior court’s denial of his petition for habeas corpus, to determine: (1) the propriety of the clerk of the superior […]

37 S.E.2d 382 KNIGHTON v. HASTY; et vice versa. 15357, 15362.Supreme Court of Georgia. MARCH 4, 1946. BELL, Chief Justice. 1. The deed to the plaintiff, purporting to convey lots 262 and 283 and “60 acres of west end of lot No. 284, and 20 acres of lot No. 261, all in 8th district of […]

82 S.E.2d 137 TURNER v. TURNER, by next friend. 18567.Supreme Court of Georgia.SUBMITTED APRIL 13, 1954. DECIDED MAY 11, 1954. The allegations in the petition, seeking to remove the duly appointed and qualified administratrix, for an accounting, and to enjoin the sale of a tract of land belonging to the estate, failed to show that […]

604 S.E.2d 503 BROWN v. THE STATE. S04A0971.Supreme Court of Georgia. DECIDED OCTOBER 25, 2004. HINES, Justice. Antonio Lamar Brown appeals his convictions for felony murder, aggravated assault, and possession of a firearm during the commission of a felony in connection with the fatal shooting of James Smith. Brown complains of discovery violations by the […]

87 S.E.2d 72 DELL et al. v. SUGGS. 18891.Supreme Court of Georgia.ARGUED FEBRUARY 16, 1955. DECIDED APRIL 1, 1955. DUCKWORTH, Chief Justice. Since the amended petition, seeking to recover an alleged partner’s share of profits realized by a partnership of which he was a member in the operation of a real-estate brokerage business, alleges that […]

462 S.E.2d 609 BROWN v. BROWN and vice versa. S95A0691, S95X0693.Supreme Court of Georgia. DECIDED OCTOBER 16, 1995. BENHAM, Chief Justice. The parties were divorced in April 1989 by a judgment which incorporated a settlement agreement. A portion of the agreement required Mr. Brown to pay Mrs. Brown, in monthly installments, “a sum estimated to […]

580 S.E.2d 519 COTTON STATES MUTUAL INSURANCE COMPANY v. BRIGHTMAN. S02G1739.Supreme Court of Georgia. Decided: April 29, 2003 Reconsideration Denied June 6, 2003 FLETCHER, Chief Justice. After James Brightman obtained a $1,787,500 judgment against Lynn Martin and Gregory Cumbo for injuries suffered in a 1992 automobile collision, Martin assigned to Brightman her bad faith claim […]

80 S.E.2d 778 CALHOUN, Administrator, v. CARTER et al. 18485.Supreme Court of Georgia.ARGUED FEBRUARY 8, 1954. DECIDED MARCH 8, 1954. 1. The charge complained of was neither in conflict with, nor did it nullify, the other portions of the charge dealing with the contentions of the plaintiff, and was not error for the reasons assigned. […]

34 S.E.2d 530 FOSTER, sheriff, v. BROWN et al., Commissioners; et vice versa. 15181, 15184.Supreme Court of Georgia. MAY 8, 1945. REHEARING DENIED JUNE 7, 12, 1945. Both the chief-deputy-sheriff amendment and the civil-service amendment to the constitution, proposed by the General Assembly (Ga. L. 1939, pp. 33 and 36 respectively), and subsequently adopted by […]

97 S.E.2d 689 EVERETT, Next Friend v. CLEGG. 19615.Supreme Court of Georgia.ARGUED MARCH 11, 1957. DECIDED APRIL 9, 1957. For the reasons set out in the opinion, the Court of Appeals erred in affirming the judgment of the trial court denying a new trial. ARGUED MARCH 11, 1957 — DECIDED APRIL 9, 1957. Certiorari to […]

144 S.E.2d 90 CLARKE v. THE STATE. 22950.Supreme Court of Georgia.SUBMITTED MAY 11, 1965. DECIDED JULY 14, 1965. REHEARING DENIED JULY 26, 1965. 1. The general grounds of the motion for new trial are without merit. 2. The testimony of a witness relating a conversation with the deceased, which occurred less than a minute before […]

299 S.E.2d 735 VAN KLEECK v. THE STATE. 39418.Supreme Court of Georgia. DECIDED FEBRUARY 8, 1983. MARSHALL, Presiding Justice. Mary Margaret Van Kleeck appeals from her convictions of the murder of and theft by taking from Doc Hicks, for which offenses she was sentenced to life imprisonment and a concurrent five-years’ imprisonment, respectively. 1. The […]

276 S.E.2d 622 FARMERS BANK, UNION POINT, GEORGIA v. HUBBARD. 36856.Supreme Court of Georgia. DECIDED APRIL 9, 1981. HILL, Presiding Justice. This case is here on certiorari. Hubbard v. Farmers Bank, 155 Ga. App. 720 (272 S.E.2d 510) (1980). This litigation began as a suit by the bank for deficiency judgment following its foreclosure of […]

695 S.E.2d 227 DURRENCE v. THE STATE. No. S10A0608.Supreme Court of Georgia. DECIDED MAY 17, 2010. THOMPSON, Justice. Appellant Stacy Durrence was found guilty of malice murder but mentally ill in connection with the shooting death of Lee Woodcock and sentenced to life in prison under OCGA § 17-7-131.[1] He appeals Page 214 from the […]

158 S.E.2d 233 BOWEN v. BOWEN. 24358.Supreme Court of Georgia.SUBMITTED NOVEMBER 13, 1967. DECIDED NOVEMBER 22, 1967. FRANKUM, Justice. 1. “The judgment of a court of competent jurisdiction of a sister State, awarding the custody of a minor child, which is regular on its face and unimpeached for fraud, is entitled to full faith and […]

196 S.E.2d 396 RUSHIN v. WOODARD et al. 27580.Supreme Court of Georgia.SUBMITTED NOVEMBER 14, 1972. DECIDED MARCH 8, 1973. GUNTER, Justice. This appeal involves the construction of a will probated in 1918. The will of the testator left 203 acres of land to his daughter, and it then provided: “I will that should my daughter […]

224 S.E.2d 424 ROUGHT v. RICKETTS. 30503.Supreme Court of Georgia. DECIDED JANUARY 28, 1976. NOTE: PURSUANT TO DIRECTION FROM THE SUPREME COURT, AN OPINION WILL NOT BE PUBLISHED IN THIS HABEAS CORPUS CASE. RULE 32 (k), SUPREME COURT RULES. The trial court did not err in remanding the appellant to custody. Judgment affirmed. All the […]

218 S.E.2d 769 HOBBS et al. v. THE STATE. 29834.Supreme Court of Georgia.SUBMITTED APRIL 14, 1975. DECIDED SEPTEMBER 11, 1975. INGRAM, Justice. This is an appeal in an armed robbery case from the Superior Court of Butts County following the denial of a motion for new trial in that court. The appellants, Jimmy Charles Hobbs […]

578 S.E.2d 856 CHINN v. THE STATE. S03A0290.Supreme Court of Georgia. Decided March 27, 2003 FLETCHER, Chief Justice. A jury convicted Ronnie Chinn of the murder of cab driver John Agazie.[1] Chinn contends that the State struck four jurors for racially motivated reasons and the prosecutor made an improper closing argument. Because the State provided […]

100 S.E.2d 577 MUSGROVE v. MUSGROVE. 19827.Supreme Court of Georgia.ARGUED SEPTEMBER 10, 1957. DECIDED OCTOBER 11, 1957. REHEARING DENIED NOVEMBER 8, 1957. HAWKINS, Justice. 1. Article 6, section 14, paragraph 1 of the Constitution (Code, Ann., § 2-4901) provides that “Divorce cases shall be brought in the county where the defendant resides, if a resident […]

218 S.E.2d 851 BANKS v. THE STATE. 30099.Supreme Court of Georgia.ARGUED JULY 7, 1975. DECIDED SEPTEMBER 12, 1975. JORDAN, Justice. This case is before this court by appeal from denial of the appellant’s motion for new trial and for mandatory review of the death sentences imposed upon the defendant in his trial by jury on […]

560 S.E.2d 650 COX ENTERPRISES, INC. et al. v. NIX. S01G0743.Supreme Court of Georgia. DECIDED: FEBRUARY 25, 2002. BENHAM, Justice. This appeal arises from a suit for defamation, invasion of privacy, and intentional infliction of emotional distress filed by attorney Franklin R. Nix against Cox Enterprises, doing business as the Atlanta Journal-Constitution; an editor; and […]

403 S.E.2d 800 DAVIS v. THE STATE. S91A0218.Supreme Court of Georgia. DECIDED MAY 10, 1991. CLARKE, Chief Justice. We granted this application for immediate review to consider whether the trial court erred in denying defendant’s motion to appoint and to compensate his present counsel, Millard Farmer and Carla Friend. We conclude that it did err […]

647 S.E.2d 52 COOK v. THE STATE. No. S07A0810.Supreme Court of Georgia. Decided June 25, 2007. HUNSTEIN, Presiding Justice. Terry O’Neal Cook, who was convicted and sentenced for murder and other crimes in August 1997, filed a motion for out of time appeal. The trial court denied the motion because Cook’s motion for new trial […]

87 S.E.2d 844 GARMON et al. v. CRAWFORD et al. 18931.Supreme Court of Georgia.ARGUED APRIL 11, 1955. DECIDED MAY 9, 1955. REHEARING DENIED JUNE 15, 1955. CANDLER, Justice. Article 8, section 5, paragraph 1, of the Constitution of 1945 was amended in 1954 by adding at the end thereof the following: “The County Board of […]

497 S.E.2d 552 BOHANNON v. THE STATE. S97A2082.Supreme Court of Georgia. DECIDED FEBRUARY 23, 1998. SEARS, Justice. We granted the application for interlocutory appeal filed by the appellant, Ryan Bohannon, to consider his due process challenges to OCGA § 40-6-391 (a) (5), which provides that it is a crime to have a blood-alcohol concentration of […]

385 S.E.2d 412 DAY v. THE STATE. 46828.Supreme Court of Georgia. DECIDED SEPTEMBER 11, 1989. RECONSIDERATION DENIED OCTOBER 4, 1989. PER CURIAM. After plenary consideration of this matter, it is found not to satisfy the criteria for the grant of certiorari and the writ is therefore vacated. All the Justices concur, except Smith, Gregory and […]

227 S.E.2d 1 PHILLIPS v. HOPPER. 30897.Supreme Court of Georgia.SUBMITTED MARCH 5, 1976. DECIDED MAY 17, 1976. REHEARING DENIED JUNE 9, 1976. INGRAM, Justice. Appellant Phillips prosecutes this appeal, pro se, from the judgment of the Superior Court of Tattnall County denying his application for a writ of habeas corpus and remanding him to the […]

217 S.E.2d 598 CAGLE v. DIXON. 29917.Supreme Court of Georgia.SUBMITTED MAY 5, 1975. DECIDED JULY 1, 1975. GUNTER, Justice. This is an appeal from a judgment that found appellant in contempt of court for failure to make payments on a car and certain real estate as required by a former judgment of the court. The […]

438 S.E.2d 360 BONNER v. GREEN et al. S93A1979.Supreme Court of Georgia. DECIDED JANUARY 10, 1994. RECONSIDERATION DENIED FEBRUARY 3, 1994. CLARKE, Chief Justice. The appellant and appellees are siblings. In January 1992, the appellees filed a suit in equity against appellant and a number of other relatives, seeking a decree of title to certain […]

548 S.E.2d 2 BYRD v. THE STATE. S01A0064.Supreme Court of Georgia. DECIDED: JUNE 4, 2001 HINES, Justice. Ashley Byrd appeals his convictions for felony murder, armed robbery, and theft by taking a motor vehicle in connection with the fatal bludgeoning of Vassouleymane Kone, who was employed as a pizza deliveryman. Byrd’s sole contention is that […]

563 S.E.2d 240 JOHNSON et al. v. RIVERDALE ANESTHESIA ASSOCIATES, P.C., et al. S01G1138.Supreme Court of Georgia. DECIDED: MAY 13, 2002 SEARS, Presiding Justice. Certiorari was granted in this medical malpractice action in order to consider the Court of Appeals’ ruling forbidding the plaintiff from cross-examining the defendants’ expert witness as to how he personally […]

42 S.E.2d 356 DERISO et al. v. CASTLEBERRY. 15752.Supreme Court of Georgia. APRIL 19, 1947. CANDLER, Justice. 1. The remedy of injunction is available to restrain a landlord from interfering with the possession of his tenant during the tenancy, when the damages are of such a nature as to be incapable of accurate computation. Anthony […]

306 S.E.2d 299 FULTON COUNTY et al. v. STRICKLAND. 39786.Supreme Court of Georgia. DECIDED SEPTEMBER 9, 1983. REHEARING DENIED SEPTEMBER 27, 1983. GREGORY, Justice. In June 1982, the State Revenue Commissioner (Commissioner) entered a “factor order” requiring an 8% increase in the assessments of taxable tangible property on the 1982 Fulton County tax digest so […]

261 S.E.2d 635 TUCKER v. THE STATE. 34814.Supreme Court of Georgia.ARGUED JUNE 13, 1979. DECIDED NOVEMBER 21, 1979. HALL, Justice. William Boyd Tucker, Jr., was indicted for murder, armed robbery, kidnapping with bodily injury and aggravated sodomy in connection with the August 21, 1977 slaying of Kathleen Perry. After the state presented its evidence, the […]

43 S.E.2d 329 YARBROUGH et al. v. YARBROUGH. 15764.Supreme Court of Georgia. MAY 16, 1947. REHEARING DENIED JUNE 13, 1947. 1. Where the caveator to the probate of a will admits a prima facie case in favor of the propounder, he is entitled to the opening and conclusion before the jury. 2. An heir at […]

506 S.E.2d 111 SMITH v. SRINIVASA. S98A1007.Supreme Court of Georgia. DECIDED SEPTEMBER 14, 1998. HINES, Justice. This is an appeal from the judgment entered on a jury verdict in a will contest involving the application of former OCGA § 53-3-6. The statute provides that if a will is lost during the testator’s lifetime, destroyed without […]

438 S.E.2d 357 CARR et al. v. SOUTHERN COMPANY et al. S93A1972.Supreme Court of Georgia. DECIDED JANUARY 10, 1994. RECONSIDERATION DENIED FEBRUARY 3, 1994. SEARS-COLLINS, Justice. The appellants seek to recover sums paid for utility services under rates set by the Public Service Commission (the “PSC”) which the appellants allege were based on fraudulent misrepresentations […]

232 S.E.2d 535 WILLIAMS v. THE STATE. 31641.Supreme Court of Georgia.ARGUED OCTOBER 12, 1976. DECIDED JANUARY 27, 1977. REHEARING DENIED FEBRUARY 8, 1977. HILL, Justice. Defendant Willie James Williams, a juvenile, was tried and convicted in Baldwin Superior Court of the offense of murder. He appeals from his life sentence. The main issue before us […]

408 S.E.2d 100 ATLANTA BIO-MED, INC. v. DeKALB COUNTY et al. S91A0582.Supreme Court of Georgia. DECIDED SEPTEMBER 6, 1991. RECONSIDERATIONS DENIED OCTOBER 3, 1991 AND OCTOBER 7, 1991. CLARKE, Chief Justice. We granted this application for discretionary appeal from the denial of petitions for an injunction, a writ of mandamus and a declaratory judgment to […]

189 S.E.2d 423 DAVIS v. CALDWELL. 27131.Supreme Court of Georgia.SUBMITTED APRIL 10, 1972. DECIDED MAY 3, 1972. Denial of the writ of habeas corpus and remand to the custody of the warden was not error. SUBMITTED APRIL 10, 1972 — DECIDED MAY 3, 1972. Page 123 Habeas corpus. Tattnall Superior Court. Before Judge Caswell. Larry […]

236 S.E.2d 576 ORKIN et al. v. THE STATE. 32023.Supreme Court of Georgia.ARGUED APRIL 11, 1977. DECIDED MAY 12, 1977. REHEARING DENIED JUNE 7 AND JUNE 30, 1977. PER CURIAM. We granted certiorari in Orkin v. State, 140 Ga. App. 651 (231 S.E.2d 481 (1976)), to determine whether the newly discovered evidence in this case […]

107 S.E.2d 209 BAILEY v. WILLIAMS, Administrator et al. 20323.Supreme Court of Georgia.ARGUED JANUARY 14, 1959. DECIDED FEBRUARY 6, 1959. For reasons stated in the opinion, the Superior Court of Hart County was without jurisdiction of the petition; and the trial court properly sustained the general demurrer thereto based on that ground. ARGUED JANUARY 14, […]

275 S.E.2d 657 INDEPENDENT PARTY OF GEORGIA v. AMERICAN PARTY OF GEORGIA et al. 36644.Supreme Court of Georgia. DECIDED JANUARY 15, 1981. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur, except Gregory, J., not participating. Page 4 DECIDED JANUARY 15, 1981. Quo warranto. Fulton Superior Court. Before Judge Fryer. Jesse Cleveland, […]

19 S.E.2d 279 BRUMFIELD v. JACKSON et al. 13997.Supreme Court of Georgia. MARCH 10, 1942. Under the law as declared in the Code and in decisions cited, the writ of error is dismissed because the bill of exceptions was not tendered within the time limited by law. No. 13997. MARCH 10, 1942. Petition for injunction. […]

597 S.E.2d 385 ROBERTS v. SCROGGY. S04A0139.Supreme Court of Georgia. DECIDED JUNE 7, 2004. HUNSTEIN, Justice. John Roberts was convicted in 1984 of murder, burglary, and theft by taking. He was released on parole in 1998. His parole was revoked in March 1999 after the Georgia State Board of Pardons and Paroles determined he violated […]

9 S.E.2d 666 HOWARD et al. v. OBIE. 13284.Supreme Court of Georgia. MAY 17, 1940. Where the sole question before the jury on an issue of devisavit vel non is whether or not the testatrix had mental capacity sufficient to make a will, and where the propounders introduced the three subscribing witnesses and several others, […]

164 S.E.2d 561 FIRST FEDERAL SAVINGS LOAN ASSOCIATION OF ATLANTA v. FIRST FEDERAL MANAGEMENT CORPORATION et al. 24863.Supreme Court of Georgia.SUBMITTED SEPTEMBER 13, 1968. DECIDED OCTOBER 10, 1968. REHEARING DENIED NOVEMBER 7, 1968. It was not error to deny the plaintiff’s prayers for an interlocutory injunction. SUBMITTED SEPTEMBER 13, 1968 — DECIDED OCTOBER 10, 1968 […]

236 S.E.2d 757 BOWERY SAVINGS BANK et al. v. DEKALB COUNTY et al. 32441.Supreme Court of Georgia.ARGUED JUNE 15, 1977. DECIDED JULY 15, 1977. BOWLES, Justice. Appellants filed a suit for declaratory judgment against the appellee, DeKalb County. The petition sought to declare that appellants were not liable for payment of Page 399 water, sewer […]

393 S.E.2d 262 MOTOR CONVOY, INC. v. BRANNEN et al. S90G0875.Supreme Court of Georgia. DECIDED JULY 12, 1990. WELTNER, Justice. We granted certiorari to the Court of Appeals in Motor Convoy, Inc. v. Brannen, 194 Ga. App. 795 (391 S.E.2d 671) (1990), to determine: Whether a consent judgment between the plaintiff and a joint tort-feasor […]

607 S.E.2d 542 GORDON v. WHITWELL. S04A1965.Supreme Court of Georgia. DECIDED NOVEMBER 22, 2004. THOMPSON, Justice. This case is before the Court from an order dismissing a writ of prohibition brought by appellant Cathy Gordon against appellee Monroe County Juvenile Judge Sharon Whitwell. Because the trial court was correct in ruling that the writ does […]

458 S.E.2d 623 GOODWIN v. CRUZ-PADILLO. S95A0261.Supreme Court of Georgia. DECIDED JUNE 29, 1995. RECONSIDERATION DENIED JULY 28, 1995. HUNSTEIN, Justice. Rudolfo Cruz-Padillo’s petition for writ of habeas corpus was granted on the basis that he had received ineffective assistance of trial counsel. Warden Goodwin appeals and we reverse. The evidence at trial established that […]

489 S.E.2d 823 DEE et al. v. SWEET et al. S97A0563.Supreme Court of Georgia. DECIDED SEPTEMBER 15, 1997. HUNSTEIN, Justice. This case involves a challenge to the constitutionality of that provision in OCGA § 16-14-6 (c) which authorizes the award of attorney fees in the appellate courts and costs of investigation and litigation reasonably incurred […]

84 S.E.2d 76 FINCHER v. THE STATE. 18673.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1954. DECIDED OCTOBER 13, 1954. CANDLER, Justice. 1. Special ground 4 of the defendant’s motion for new trial alleges that the judge erred in his charge to the jury by his failure to define the crime of robbery by force and violence, […]

507 S.E.2d 755 PALMER v. THE STATE S98A1735.Supreme Court of Georgia. DECIDED: NOVEMBER 23, 1998 CARLEY, Justice. After a jury trial, Dedrick Palmer was found guilty of felony murder while in the commission of aggravated assault, and sentenced to life imprisonment. The trial court denied his motion for new trial, and he appeals.[1] 1. Construed […]

94 S.E.2d 708 STATE OF GEORGIA et al. v. COCA-COLA BOTTLING CO. 19360.Supreme Court of Georgia.ARGUED JULY 10, 1956. DECIDED SEPTEMBER 7, 1956. REHEARING DENIED OCTOBER 11, 1956. 1. For the tax years involved, the evidence shows that the plaintiff, a corporate taxpayer, was engaged in the business of selling tangible personal property on its […]

138 S.E.2d 868 BALKCOM v. VICKERS. 22578.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1964. DECIDED SEPTEMBER 30, 1964. 1. There was evidence authorizing the judgment in favor of the petitioner’s contention as to denial of counsel. 2. The provision of the judgment seeking to direct the petitioner’s sentencing in the event of reconviction is void. ARGUED […]

265 S.E.2d 813 KELLER v. THE STATE. 35869.Supreme Court of Georgia.ARGUED FEBRUARY 11, 1980. DECIDED MARCH 18, 1980. REHEARING DENIED MARCH 31, 1980. UNDERCOFLER, Chief Justice. On December 22, 1978, appellant shot and killed her husband while he lay sleeping. She then called police and told them she committed the crime. At trial, her defense […]

312 S.E.2d 299 BOLES v. THE STATE. 40632.Supreme Court of Georgia. ORDERED JANUARY 6, 1984. ORDER OF COURT. Upon consideration of the application for certiorari filed to review the judgment of the Court of Appeals in this case, it is ordered that the writ be hereby denied. All the Justices concur, except Hill, C.J., Smith […]

443 S.E.2d 270 THE STATE v. LAWRENCE. S94A0179.Supreme Court of Georgia. DECIDED MAY 16, 1994. RECONSIDERATION DENIED JUNE 10, 1994. HUNSTEIN, Justice. The appellee, John Wesley Lawrence, was arrested and indicted for the murder of his brother. During the pre-tria Jackson-Denno hearing, the state called two witnesses, both Valdosta police patrolmen, Christian Stevick and Terry […]

281 S.E.2d 583 LIBERTY NATIONAL LIFE INSURANCE COMPANY v. HOUK. 37424.Supreme Court of Georgia. DECIDED SEPTEMBER 9, 1981. PER CURIAM. The plaintiff, Johnny P. Houk, brought suit against the defendant, Liberty National Life Insurance Company, because of the insurance company’s refusal to pay hospitalization expenses incurred by the plaintiff’s wife. The plaintiff argues that the […]

670 S.E.2d 73 GARZA v. THE STATE. No. S07G1628.Supreme Court of Georgia. DECIDED NOVEMBER 3, 2008. RECONSIDERATION DENIED DECEMBER 15, 2008. HUNSTEIN, Presiding Justice. Appellant Joey Allen Garza was convicted in March 2002 of two counts of kidnapping, four counts of false imprisonment, and one count of aggravated assault. Following affirmance of the convictions by […]

149 S.E.2d 468 SMITH v. SMITH. 23447.Supreme Court of Georgia.ARGUED MAY 9, 1966. DECIDED JUNE 9, 1966. COOK, Justice. 1. “The Soldiers’ and Sailors’ Civil Relief Act is always to be liberally construed to protect those who have been obliged to drop their own affairs to take up the burdens of the nation. The discretion […]

385 S.E.2d 413 IN THE MATTER OF MARTIN G. COX. SUPREME COURT DISCIPLINARY NOS. 448, 460, 754.Supreme Court of Georgia. DECIDED SEPTEMBER 28, 1989. PER CURIAM. Martin G. Cox petitioned the State Disciplinary Board for voluntary suspension of his license to practice law for a period of two years and, following the suspension, that a […]

651 S.E.2d 702 JACKSON v. THE STATE. No. S07A0824.Supreme Court of Georgia. DECIDED OCTOBER 9, 2007. SEARS, Chief Justice. The appellant, Shelton Jackson, appeals from his conviction of numerous crimes, including malice murder, stemming from the shooting death of Grant Reynolds.[1] On appeal, Jackson contends, Page 495 among other things, that his trial counsel provided […]

392 S.E.2d 872 PERKINS v. THE STATE. S90A0227.Supreme Court of Georgia. DECIDED JULY 5, 1990. SMITH, Presiding Justice. The appellant, Carey Earl Perkins, was indicted for the malice murder of Donald Estes, two counts of aggravated assault and one count of simple battery committed upon Marsha Perkins and two counts of possession of a firearm […]

184 S.E.2d 347 SIMS v. SMITH. 26651.Supreme Court of Georgia.SUBMITTED SEPTEMBER 13, 1971. DECIDED OCTOBER 7, 1971. HAWES, Justice. This is a habeas corpus case. The appeal here is from a judgment refusing to discharge the applicant from custody and remanding him to the custody of the warden. Appellant contended in the trial court and […]

62 S.E.2d 836 LANKFORD et al. v. KIRKLAND, COMMISSIONER, et al. 17303.Supreme Court of Georgia. JANUARY 8, 1951. DUCKWORTH, Chief Justice. A writ of mandamus is not an available remedy to compel the discharge of a duty of a commissioner appointed by the court to partition lands. Evans v. White, 178 Ga. 262 (172 S.E. […]

504 S.E.2d 440 CHANDLER v. DAVIS et al. S98A0961.Supreme Court of Georgia. DECIDED SEPTEMBER 14, 1998. CARLEY, Justice. Judge Steve Jackson dismissed Chandler’s complaint against Davis for failure to state a claim, and the Court of Appeals reversed. Thereafter, Chandler filed a motion to recuse Judge Jackson, which Judge Joseph Newton heard and denied. Chandler […]

46 S.E.2d 729 MORRIS v. PETERS. 16111.Supreme Court of Georgia. FEBRUARY 23, 1948. Peters instituted against Morris a quo warranto suit to recover the office of Chairman of the State Democratic Executive Committee of Georgia, alleging in effect that he is the lawful holder of such office, having been duly elected thereto in 1946 for […]

604 S.E.2d 487 IN THE MATTER OF J. MALIK ABDULLAH FREDERICK. S04Y1803.Supreme Court of Georgia. DECIDED OCTOBER 25, 2004. PER CURIAM. This disciplinary matter is before the Court pursuant to the Notice of Discipline filed by the State Bar alleging that J. Malik Abdullah Frederick violated Standards 4, 44, 45 and 61 and Rules 1.3, […]

538 S.E.2d 44 LUCAS v. THE STATE. S00A1231.Supreme Court of Georgia. DECIDED: OCTOBER 30, 2000. BENHAM, Chief Justice. This appeal is from Johnny Michael Lucas’s convictions for murder and cruelty to children.[1] Lucas and the woman with whom he Page 89 lived brought her daughter to the hospital where the child was pronounced dead. The […]