Category: Georgia Supreme Court Opinions

228 S.E.2d 815 SUTTON v. THE STATE. 31218.Supreme Court of Georgia.SUBMITTED JUNE 15, 1976. DECIDED SEPTEMBER 7, 1976. UNDERCOFLER, Presiding Justice. Willie Calvin Sutton was convicted by a jury on circumstantial evidence of the murders of his two apparently illegitimate infant daughters and for setting fire to his home to conceal the crimes. He received […]

49 S.E.2d 883 HARBUCK v. RICHLAND BOX COMPANY et al. 16231.Supreme Court of Georgia. SEPTEMBER 7, 1948. REHEARING DENIED OCTOBER 13, 1948. 1. In this case the ordinance which purports to grant, or abandon, a substantial part of the city street, for the benefit of persons who have encroached thereon, is invalid. 2. While generally […]

523 S.E.2d 852 COLEMAN v. THE STATE. S99A1238.Supreme Court of Georgia. DECIDED: NOVEMBER 1, 1999 HUNSTEIN, Justice. Brian Burrell Coleman was indicted on nine counts arising out of the death and sexual assault of an unidentified woman. He was convicted on all counts and received three consecutive life sentences. He appeals from the denial of […]

51 S.E.2d 832 PARK v. THE STATE. 16474.Supreme Court of Georgia. FEBRUARY 16, 1949. 1. Where a homicide occurs by the use of a motor vehicle, and no specific intent to kill is shown, a conviction of murder can not be sustained unless the evidence shows the act of the accused to be an unlawful […]

559 S.E.2d 459 IN THE MATTER OF CHRISTOPHER DAVID ADAMS. No. S02Y0142.Supreme Court of Georgia. DECIDED: FEBRUARY 4, 2002. PER CURIAM. The State Bar filed a Notice of Discipline against Respondent Christopher David Adams alleging violations of Standards 25 (lawyer shall not practice law in jurisdiction where to do so would be in violation of […]

405 S.E.2d 29 WALTON v. THE STATE. S91G0170.Supreme Court of Georgia. DECIDED JUNE 11, 1991. RECONSIDERATION DENIED JULY 3, 1991. HUNT, Justice. Terry Lee Walton was convicted in probate court in Upson County of driving under the influence of alcohol. He appealed to the superior court under the provisions of OCGA § 40-13-28. That court, […]

419 S.E.2d 22 IN THE MATTER OF JACK E. MILLER. SUPREME COURT DISCIPLINARY NO. 891.Supreme Court of Georgia. DECIDED JULY 15, 1992. PER CURIAM. After the State Bar issued a formal complaint based on a grievance filed by a client of respondent Jack E. Miller, Miller filed a petition for voluntary surrender of his license […]

596 S.E.2d 617 IN THE MATTER OF JAMES SCOTT CALLAN. S04Y1439.Supreme Court of Georgia. DECIDED MAY 24, 2004. PER CURIAM. This matter is before the Court on Respondent James Scott Callan’s Petition for Voluntary Surrender of License, which he filed pursuant to Bar Rule 4-227 (b). In the petition, Callan admits that on March 25, […]

42 S.E.2d 640 LANKFORD et al. v. MILHOLLIN et al. (two cases) 15753, 15754.Supreme Court of Georgia. APRIL 17, 1947. REHEARING DENIED MAY 16, 1947. JENKINS, Chief Justice. The plaintiff filed a petition to enjoin a decree of sale and to have it declared null and void. He also filed a petition to set aside […]

629 S.E.2d 813 IN THE MATTER OF HARVEY C. BROWN, JR. SO6Y0542.Supreme Court of Georgia. DECIDED MAY 8, 2006. PER CURIAM. This disciplinary matter is before the Court on the Investigative Panel’s Notice of Discipline, recommending a Review Panel Reprimand for Brown’s violations of Rules 1.15 (I) and 1.15 (II), of the Georgia Rules of […]

49 S.E.2d 904 BELCHER v. BELCHER. 16363.Supreme Court of Georgia. OCTOBER 13, 1948. CANDLER, Justice. Mrs. Annie Ruth Belcher filed a suit in the Superior Court of Fulton County against Wilson Eugene Belcher, her former husband, to recover certain past-due instalments alleged to be due her and their minor children on a judgment rendered therefor […]

209 S.E.2d 603 ENGLISH v. MILBY et al. 28975.Supreme Court of Georgia.SUBMITTED JUNE 14, 1974. DECIDED OCTOBER 8, 1974. 1. The Juvenile Court Judge was authorized to exercise his discretion in consolidating the hearings in two cases between the same parties involving the custody of a minor child. 2. No reversible error is shown in […]

545 S.E.2d 879 BAKER v. THE STATE S01A0597.Supreme Court of Georgia. DECIDED: APRIL 30, 2001 BENHAM, Chief Justice. After the jury was selected to try the State’s death penalty case against appellant Leroy K. Baker, Jr., in 1995, appellant entered guilty pleas to malice murder and armed robbery, and received two consecutive sentences of life […]

373 S.E.2d 359 MINTER v. THE STATE. 45866.Supreme Court of Georgia. DECIDED NOVEMBER 2, 1988. CLARKE, Presiding Justice. Jesse Leon “Lee” Minter was convicted of the malice murder of Greg Royals and was sentenced to life imprisonment.[1] We affirm. The evidence demonstrated that Lee Minter and his friend Gene Varnadoe were driving around drinking beer […]

712 S.E.2d 815 ROYAL v. BLACKWELL et al. No. S11A0009.Supreme Court of Georgia. DECIDED JULY 5, 2011. BENHAM, Justice. In January 2009, appellee Fred B. Blackwell, the trustee of a testamentary trust that is a beneficiary of the last will and testament of the late Edgar Hollis of Coweta County, filed this action in which […]

651 S.E.2d 33 QUARTERMAN v. THE STATE. No. S07A0659.Supreme Court of Georgia. DECIDED SEPTEMBER 24, 2007. HUNSTEIN, Presiding Justice. We granted Kenny Quarterman’s application for interlocutory appeal from the trial court’s ruling upholding the constitutionality of OCGA § 24-4-60, which requires any person convicted of a felony and incarcerated in a State correctional facility to […]

28 S.E.2d 74 HOGAN v. HOGAN. 14675.Supreme Court of Georgia. NOVEMBER 10, 1943. 1. An objection to evidence on the sole ground that it is irrelevant is not such an objection as would be reversible error to overrule. 2. Where the plaintiff while under cross-examination was interrogated as to whether she had threatened to go […]

667 S.E.2d 589 HUTCHINS v. THE STATE. No. S08A0837.Supreme Court of Georgia. DECIDED OCTOBER 6, 2008. CARLEY, Justice. Ricky Hutchins was convicted of malice murder, armed robbery, and motor vehicle theft. This Court affirmed the convictions in Hutchins v. State, 261 Ga. 366 (404 SE2d 548) (1991). In December 2007, Hutchins filed a pro se […]

646 S.E.2d 67 LOWERY v. THE STATE. No. S07A0262.Supreme Court of Georgia. DECIDED JUNE 4, 2007. BENHAM, Justice. Appellant William Junior Lowery was found guilty of the malice murder of Maxine Harper and sentenced to life imprisonment.[1] On appeal he takes issue with the sufficiency of the evidence, the admission of testimony concerning a prior […]

393 S.E.2d 248 STRAUS v. STRAUS. S90A0105.Supreme Court of Georgia. DECIDED JULY 12, 1990. HUNT, Justice. This appeal stems from our grant of an application for discretionary appeal that the appellant-former wife filed pursuant to OCGA § 5-6-35. The appeal raises two issues. The first is whether a party seeking to appeal an interlocutory order […]

496 S.E.2d 262 HOLTSCLAW v. HOLTSCLAW. S98A0400.Supreme Court of Georgia. DECIDED MARCH 2, 1998. CARLEY, Justice. In August of 1996, Phillip Holtsclaw (Husband) and Susan Holtsclaw (Wife) moved to Georgia. In October of 1996, she moved to Mississippi. In February of 1997, he filed suit in Georgia seeking a divorce and custody of their minor […]

621 S.E.2d 427 IN THE MATTER OF WILLIAM W. GARDNER. S06Y0114.Supreme Court of Georgia. DECIDED OCTOBER 24, 2005. PER CURIAM. This disciplinary matter is before the Court pursuant to the Report and Recommendation of a special master who was appointed following the filing of a Formal Complaint by the State Bar. The Formal Complaint alleged, […]

33 S.E.2d 701 DARLING STORES CORPORATION v. BEATUS, et vice versa. 15118, 15119.Supreme Court of Georgia. APRIL 4, 1945. DUCKWORTH, Justice. 1. A ruling on a general demurrer to a petition is a judgment on the merits of the case. Hadden v. Fuqua, 192 Ga. 668, 675 (16 S.E.2d 737), and cit. 2. “A judgment […]

238 S.E.2d 116 SMITH v. THE STATE. 32340.Supreme Court of Georgia.ARGUED JULY 11, 1977. DECIDED SEPTEMBER 7, 1977. PER CURIAM. A Bacon Superior Court jury convicted the defendant of selling marijuana. She was sentenced to two years in prison followed by one year on probation. After being found guilty and sentenced, she pleaded guilty that […]

156 S.E.2d 362 CROWELL v. GRIFFIN. 24155.Supreme Court of Georgia.SUBMITTED JUNE 12, 1967. DECIDED JULY 6, 1967. REHEARING DENIED JULY 14, 1967. FRANKUM, Justice. Richard C. Crowell filed his petition for the writ of habeas corpus in which he alleged that he was being illegally held and detained by Carl Griffin, Sheriff of Chatham Page […]

475 S.E.2d 907 MURPHY v. THE STATE. S96G0588.Supreme Court of Georgia. DECIDED SEPTEMBER 23, 1996. HINES, Justice. We granted certiorari to consider whether a forfeiture proceeding under OCGA § 16-13-49 constitutes punishment for the purpose of double jeopardy analysis under the Federal Constitution.[1] We conclude that it does not. Civil forfeitures generally do not constitute […]

189 S.E.2d 424 GUICE v. POPE. 26972.Supreme Court of Georgia.SUBMITTED FEBRUARY 15, 1972. DECIDED APRIL 20, 1972. REHEARING DENIED MAY 3 AND MAY 18, 1972. The motion to dismiss the complaint was properly sustained. SUBMITTED FEBRUARY 15, 1972 — DECIDED APRIL 20, 1972 — REHEARING DENIED MAY 3 AND MAY 18, 1972. Injunction. Fulton Superior […]

216 S.E.2d 288 BRUMBY v. BROOKS. 29594.Supreme Court of Georgia.SUBMITTED JANUARY 17, 1975. DECIDED MAY 13, 1975. INGRAM, Justice. This is an appeal from an order of the Murray County Superior Court dismissing the affidavit of illegality of the Page 377 defendant in fi. fa., Richard Brumby, to a tax levy of the state after […]

521 S.E.2d 575 ADAMS v. THE STATE. S99A1091.Supreme Court of Georgia. DECIDED: SEPTEMBER 20, 1999. CARLEY, Justice. In connection with the homicide of Ricky Wyatt, the grand jury returned a multi-count joint indictment against Lashay Adams (Appellant), Paul Ray and Christopher Thompson. Thompson pled guilty to voluntary manslaughter, and he testified for the State at […]

255 S.E.2d 42 BURDESHAW v. KILGORE. 34626.Supreme Court of Georgia.SUBMITTED MARCH 2, 1979. DECIDED APRIL 17, 1979. UNDERCOFLER, Presiding Justice. Carolyn Jo Kilgore deeded her one-half interest in a house and lot to her husband on September 10, 1976. Her husband owned the other one-half interest. The parties were divorced on November 24, 1976. Carolyn […]

322 S.E.2d 59 FAGAN v. MASSEY. 41516.Supreme Court of Georgia. DECIDED OCTOBER 31, 1984. CLARKE, Justice. This is an appeal from an order granting extradition and denying appellant’s writ of habeas corpus. We affirm. Fagan was indicted in Tennessee for violation of that state’s bad check statutes. The Governor of Tennessee signed and delivered a […]

475 S.E.2d 598 CITY OF EAST POINT, GEORGIA ET AL. v. LEAGUE OF WOMEN VOTERS OF ATLANTA-FULTON COUNTY, INC. ET AL. S96A1604.Supreme Court of Georgia. DECIDED SEPTEMBER 9, 1996. BENHAM, Chief Justice. Betty Lane was elected to the East Point City Council in 1992, Page 113 and resigned her position in December 1995. The remaining […]

128 S.E.2d 715 WEEKES, Guardian v. FULLER, Administrator. 21711.Supreme Court of Georgia.SUBMITTED SEPTEMBER 11, 1962. DECIDED NOVEMBER 14, 1962. REHEARING DENIED DECEMBER 3, 1962 AND DECEMBER 14, 1962. 1. The motion to dismiss the bill of exceptions was properly overruled by the Court of Appeals. 2. A receipt in the form of a check acknowledging […]

504 S.E.2d 693 CHU v. AUGUSTA-RICHMOND COUNTY et al. S98A0819.Supreme Court of Georgia. DECIDED SEPTEMBER 21, 1998. THOMPSON, Justice. Myong Tul Chu appeals from the denial of her petition for writ of mandamus to require the Augusta-Richmond Commission (“Commission”) to approve her application for a license for the off-premises retail sale of beer and wine, […]

24 S.E.2d 795 MENDENHALL v. STOVALL et al. 14451.Supreme Court of Georgia. MARCH 10, 1943. Where an intervenor comes into an equity case to claim payment of an indebtedness due by a partnership whose assets are being administered in such proceeding, and a final decree is entered in which his rights with reference to such […]

366 S.E.2d 283 BALDWIN v. THE STATE. 45250.Supreme Court of Georgia. DECIDED APRIL 6, 1988. BELL, Justice. Melvin Baldwin was convicted and sentenced to life imprisonment for the stabbing death of Loretta Sparkman at her home in Douglas, Georgia.[1] Among the items introduced into evidence at trial was a confession by Baldwin to the crime. […]

25 S.E.2d 1 SIMS v. THE STATE. 14450.Supreme Court of Georgia. MARCH 10, 1943. 1. A ground of a motion for new trial should be complete in itself, and other parts of the record will not be looked to for the purpose of making the ground certain or definite. 2. The testimony of a witness […]

319 S.E.2d 458 IN THE MATTER OF ALLEN. SUPREME COURT DISCIPLINARY NO. 332.Supreme Court of Georgia. DECIDED SEPTEMBER 7, 1984. PER CURIAM. Respondent John Hollis Allen was retained to represent Mrs. Hazel Roy Butler in a condemnation action which resulted in an award in favor of Mrs. Butler in the amount of $3,120.35. A check […]

61 S.E.2d 282 GRAVES v. CARTER, executrix. 17186.Supreme Court of Georgia.SEPTEMBER 11, 1950. REHEARING DENIED OCTOBER 13, 1950. While, under Code § 113-408, a subsequent valid marriage will revoke a will in which no provision is made in contemplation of such marriage, yet an essential of a valid marriage in this State requires that the […]

536 S.E.2d 736 BYRD v. OWEN S00A1062.Supreme Court of Georgia. DECIDED: OCTOBER 2, 2000 SEARS, Justice. The habeas court granted relief to petitioner/appellee Jeffrey Owen after it was revealed that the prosecution failed to disclose an immunity agreement with its main witness at trial. We conclude that the habeas court’s grant of relief was proper. […]

201 S.E.2d 444 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. BASS. 27925.Supreme Court of Georgia.ARGUED JUNE 11, 1973. DECIDED OCTOBER 25, 1973. GUNTER, Justice. An application for a writ of certiorari to the Court of Appeals of Georgia was granted by this Court to review the decision of the Court of Appeals in Bass v. […]

404 S.E.2d 114 BLACKWELL v. SUTTON et al. S91A0568.Supreme Court of Georgia. DECIDED MAY 10, 1991. RECONSIDERATION DENIED JUNE 6, 1991. HUNT, Justice. This appeal arises out of a complaint filed by Blackwell against Sutton for ejectment. Sutton filed a motion to dismiss, which the trial court treated as a motion for summary judgment, and […]

406 S.E.2d 481 IN THE MATTER OF RICHARD M. NICHOLS. SUPREME COURT DISCIPLINARY NO. 691.Supreme Court of Georgia. DECIDED JULY 2, 1991. PER CURIAM. Richard M. Nichols petitioned the State Bar of Georgia for reinstatement to the practice of law. Nichols voluntarily surrendered his license in 1976 following a plea of guilty to the charge […]

176 S.E.2d 707 HYMAN et al. v. PRUITT, Chairman. 25864.Supreme Court of Georgia.ARGUED JUNE 8, 1970. DECIDED JULY 9, 1970. REHEARING DENIED JULY 28, 1970. UNDERCOFLER, Justice. Irwin Barry Hyman and 10 others filed a complaint in the Superior Court of Gwinnett County against W. R. Pruitt, Chairman of the Gwinnett County Board of Commissioners, […]

599 S.E.2d 177 HANNAH v. THE STATE. S04A0100.Supreme Court of Georgia. DECIDED JULY 12, 2004. HINES, Justice. Michael R. Hannah appeals from his conviction of the malice murder of Dyonne Rice.[1] For the reasons that follow, we affirm. Construed to support the verdict, the evidence showed that Hannah and Rice had an intermittent romantic relationship. […]

338 S.E.2d 257 HASELDEN v. HASELDEN; and vice versa. 42654, 42655.Supreme Court of Georgia. DECIDED JANUARY 7, 1986. RECONSIDERATION DENIED JANUARY 28, 1986. MARSHALL, Presiding Justice. The appellant-noncustodial father filed a petition in 1981 against the appellee-custodial mother, seeking custody of the parties’ minor child and the termination of the appellant’s child-support obligation Page 367 […]

389 S.E.2d 216 LAMAR ADVERTISING OF SOUTH GEORGIA, INC. et al. v. CITY OF ALBANY. S89A0604.Supreme Court of Georgia. DECIDED MARCH 1, 1990. RECONSIDERATION DENIED MARCH 28, 1990. WELTNER, Justice. The City of Albany adopted a comprehensive sign ordinance that purports to govern commercial and noncommercial signs, on-site and off-site signs, and imposes upon the […]

603 S.E.2d 263 WALTON v. THE STATE. S04A1326.Supreme Court of Georgia. DECIDED SEPTEMBER 27, 2004. HINES, Justice. Demond Anthony Walton appeals his convictions for malice murder and possession of a firearm during the commission of murder in connection with the fatal shooting of Burundi Hill. He challenges the sufficiency of the evidence and the admission […]

646 S.E.2d 77 THE STATE v. EVANS. No. S07A0033.Supreme Court of Georgia. DECIDED JUNE 4, 2007. HINES, Justice. The State seeks to appeal the trial court’s judgment acquitting Jason Evans on charges of malice murder, felony murder, and aggravated assault. Finding that that the State cannot appeal such a Page 64 judgment and that this […]

188 S.E.2d 512 TANNER v. THE STATE. 27037.Supreme Court of Georgia.ARGUED FEBRUARY 15, 1972. DECIDED MARCH 9, 1972. REHEARING DENIED MARCH 23, 1972. UNDERCOFLER, Justice. Johnnie Lee Tanner was convicted in the Superior Court of Fulton County, Georgia, on an indictment charging him with armed robbery and on an indictment charging him with a misdemeanor. […]

118 S.E.2d 486 NATIONAL LINEN SERVICE CORPORATION v. THOMPSON, TAX COMMISSIONER. 21102.Supreme Court of Georgia.ARGUED JANUARY 10, 1961. DECIDED JANUARY 20, 1961. The record in this case fails to disclose that any question was made which would give this court jurisdiction to review. Accordingly it will be transferred to the Court of Appeals. Page 551 […]

536 S.E.2d 747 THOMPKINS v. THE STATE. S00A1341.Supreme Court of Georgia. DECIDED: OCTOBER 2, 2000 THOMPSON, Justice. Aaron Cedric Thompkins III was convicted of malice murder and possession of a firearm during the commission of a crime in connection with the shooting death of Jason McDonald. This appeal followed the denial of Thompkins’ motion for […]

260 S.E.2d 483 UPSHAW et al. v. FIRST STATE BANK. 35079.Supreme Court of Georgia.SUBMITTED JUNE 22, 1979. DECIDED OCTOBER 11, 1979. HALL, Justice. Appellants Lamar and Carolyn Upshaw signed on September 18, 1975, a “guaranty of payment” for a $14,400 loan from First State Bank to James Chaney. The guaranty agreement applied solely to the […]

198 S.E.2d 672 BROWN v. SMITH. 27900.Supreme Court of Georgia.SUBMITTED MAY 14, 1973. DECIDED MAY 31, 1973. NICHOLS, Justice. This is the second habeas corpus petition filed by the petitioner attacking his conviction for the offense of murder in which he received a life sentence. The trial court ruled adversely to the petitioner on his […]

681 S.E.2d 156 IN THE MATTER OF SAMUEL W. CRUSE. No. S09Y0454.Supreme Court of Georgia. DECIDED JUNE 29, 2009. PER CURIAM. This reciprocal disciplinary proceeding is before the Court on the Report and Recommendation of the Review Panel that Respondent Samuel W. Cruse be disbarred as reciprocal discipline for removal of his name from the […]

201 S.E.2d 468 MORGAN v. THE STATE. 28235.Supreme Court of Georgia.ARGUED SEPTEMBER 12, 1973. DECIDED OCTOBER 25, 1973. MOBLEY, Chief Justice. Michael Morgan was charged with the murder of his father and mother. His wife, Hollis Wingo Morgan, his brother, Steven Morgan, Robert Howard, and Bob Shaw were jointly indicted with him. He was tried […]

174 S.E.2d 415 JACOBS v. SHIVER. 25713.Supreme Court of Georgia.SUBMITTED MARCH 11, 1970. DECIDED APRIL 9, 1970. GRICE, Justice. The Appellate Practice Act (Ga. L. 1966, pp. 493, 497; Code Ann. § 6-808) requires that where no transcript of evidence and proceedings is to be sent up, the clerk shall prepare and transmit the record […]

232 S.E.2d 564 WILKINS v. STYNCHCOMBE. 31755.Supreme Court of Georgia.SUBMITTED JANUARY 10, 1977. DECIDED JANUARY 28, 1977. REHEARING DENIED FEBRUARY 8, 1977. PER CURIAM. This appeal is from an order entered in Fulton Superior Court denying habeas corpus relief to the appellant who is incarcerated in the Fulton County jail under a prior contempt order […]

17 S.E.2d 172 JONES, commissioner, et al. v. METHVIN. 13861.Supreme Court of Georgia. OCTOBER 15, 1941. The plaintiff, owner of a newspaper appropriately designated as the official organ of the county for the publication of legal advertisements, sought injunction against the sole county commissioner, to prevent him from interfering with the various county officers in […]

257 S.E.2d 182 KNIGHT v. THE STATE. 34570.Supreme Court of Georgia.SUBMITTED FEBRUARY 19, 1979. DECIDED APRIL 5, 1979. BOWLES, Justice. Appellant, Terry Knight, was convicted of burglary in that he unlawfully entered the residence of the victim with intent to commit the felony of aggravated assault and with intent to commit rape. He had been […]

63 S.E.2d 333 HARBUCK v. RICHLAND BOX COMPANY et al. 17308.Supreme Court of Georgia.JANUARY 10, 1951. REHEARING DENIED FEBRUARY 15, 1951. HAWKINS, Justice. When this case was here before, this court held that the ordinance of the City of Richland, then relied upon by the defendant, was ultra vires and void, in that it sought […]

541 S.E.2d 366 CARTER v. THE STATE S00A2062.Supreme Court of Georgia. DECIDED: JANUARY 22, 2001 BENHAM, Chief Justice. This appeal is from Lloyd Christpher Carter’s convictions for felony murder and cruelty to a child.[1] Cristle Cook, the 16-month-old daughter of the woman with whom Carter lived, was not breathing when her mother came home from […]

10 S.E.2d 46 LLOYD ADAMS INC. v. LIBERTY MUTUAL INSURANCE COMPANY. 13297.Supreme Court of Georgia. JULY 12, 1940. 1. (a) Section 3 of the non-resident motorist act of 1937 (Ga. L. 1937, P. 732) authorizes an action under that act to be brought in any county of this State; hence an action against a non-resident […]

153 S.E.2d 422 BYRD, By Next Friend v. BYRD; and vice versa. 23838, 23863.Supreme Court of Georgia.ARGUED DECEMBER 13, 1966. DECIDED JANUARY 12, 1967. 1. The minor’s motion for judgment notwithstanding the verdict, upholding the year’s support set apart exclusively for the widow, should have been granted. 2. In view of 1, it is not […]

86 S.E.2d 232 FLETCHER v. DANIELS. 18790.Supreme Court of Georgia.SUBMITTED NOVEMBER 8, 1954. DECIDED JANUARY 12, 1955. ADHERED TO ON REHEARING FEBRUARY 17, 1955. 1. Courts should abstain from ruling on the constitutionality of an act of the General Assembly unless such ruling is necessary to a decision in the case. 2. The appeal in […]

109 S.E.2d 268 LEWIS et al. v. GAY. 20383.Supreme Court of Georgia.ARGUED MARCH 9, 1959. DECIDED APRIL 9, 1959. REHEARING DENIED MAY 8, 1959 AND JUNE 5, 1959. CANDLER, Justice. Carlus D. Gay, as Sheriff of Laurens County, brought mandamus against S. A. Lewis, R. A. Register, and J. W. Robertson in their official and […]

225 S.E.2d 424 HENDERSON v. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY et al. NOBLE et al. v. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY et al. 30966, 30984.Supreme Court of Georgia.ARGUED MARCH 16, 1976. DECIDED APRIL 27, 1976. REHEARINGS DENIED MAY 17, 1976. JORDAN, Justice. In the proceeding to validate and confirm the issuance of $200,000,000 Metropolitan Atlanta […]

409 S.E.2d 501 HOSPITAL AUTHORITY OF GWINNETT COUNTY v. JONES. 46956.Supreme Court of Georgia. DECIDED OCTOBER 18, 1991. RECONSIDERATION DENIED NOVEMBER 1, 1991. HUNT, Justice. In the previous appearance of this case, this court sustained a punitive damage award against the hospital authority. Hospital Auth. of Gwinnett County v. Jones, 259 Ga. 759 (386 S.E.2d […]

212 S.E.2d 799 MERCER v. HOPPER. 29513.Supreme Court of Georgia.SUBMITTED DECEMBER 30, 1974. DECIDED FEBRUARY 4, 1975. PER CURIAM. The controlling issue for decision in this habeas corpus appeal is whether the defendant was entitled to counsel at his probation revocation hearing. This case is controlled by Reece v. Pettijohn, 229 Ga. 619 (193 S.E.2d […]

241 S.E.2d 829 FORD et al. v. CRAWFORD. 33112.Supreme Court of Georgia.SUBMITTED DECEMBER 30, 1977. DECIDED JANUARY 31, 1978. BOWLES, Justice. The issue presented in this appeal is whether a superior court of this state has jurisdiction to permanently abate a continuing public nuisance when said nuisance is located within the corporate limits of a […]

437 S.E.2d 325 POTTS v. ZANT. S93A1948.Supreme Court of Georgia. DECIDED DECEMBER 3, 1993. BENHAM, Justice. After being convicted and sentenced to death in separate trials for murder and kidnapping with bodily injury (see Potts v. State, 261 Ga. 716 (410 S.E.2d 89) (1991), and Potts v. State, 259 Ga. 96 (376 S.E.2d 851) (1989)), […]

475 S.E.2d 606 RICHWOOD ASSOCIATES, INC. v. OSBORNE. S96A0833.Supreme Court of Georgia. DECIDED SEPTEMBER 9, 1996. FLETCHER, Presiding Justice. Gloria Dean Smartwood Osborne filed a motion for contempt against her former husband, Allen L. Osborne, for his failure to pay alimony. She sought to join her ex-husband’s employer, Richwood Associates, as a party to the […]

133 S.E.2d 885 BRAZZIEL v. SPIVEY. 22217.Supreme Court of Georgia.ARGUED OCTOBER 14, 1963. DECIDED NOVEMBER 12, 1963. In this habeas corpus proceeding brought by the mother against the father for custody of their three minor children who are legitimate because of Code § 53-104 in spite of the fact that the marriage of their mother […]

233 S.E.2d 355 MOORE v. ROWE. 31935.Supreme Court of Georgia.SUBMITTED JANUARY 21, 1977. DECIDED FEBRUARY 14, 1977. PER CURIAM. Appellant was convicted of murder in the Camden Superior Court on April 11, 1966, but did not appeal that conviction. However, on October 9, 1976, appellant filed a “petition for all court records” in the Camden […]

87 S.E.2d 857 RODALE et al. v. GRIMES et al. 18915.Supreme Court of Georgia.ARGUED APRIL 12, 1955. DECIDED MAY 9, 1955. REHEARING DENIED JUNE 15, 1955. In a habeas corpus proceeding between the natural parents and strangers for the custody of a minor child under 14 years of age, the parents not having lost their […]

202 S.E.2d 457 STEELE v. SMITH et al. 28098.Supreme Court of Georgia. DECIDED SEPTEMBER 6, 1973. NOTE: PURSUANT TO DIRECTION FROM THE SUPREME COURT OPINIONS 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 […]

476 S.E.2d 747 MORGAN v. THE STATE. S96G0739.Supreme Court of Georgia. DECIDED OCTOBER 21, 1996. BENHAM, Chief Justice. E. Allen Morgan, Jr., was the driver of a truck involved in a two-vehicle collision after it crossed the center line of a Dekalb County road. He was treated at the scene for a head injury by […]

293 S.E.2d 708 JONES v. THE STATE. 38520.Supreme Court of Georgia. DECIDED JUNE 30, 1982. GREGORY, Justice. In September 1979 the appellant, Brandon Ashton Jones, also known as Wilbur May, was convicted of the murder of Roger Tackett and sentenced to death by electrocution. The jury found as aggravating circumstances (1) that the offense of […]

208 S.E.2d 449 SOUTHEASTERN PLUMBING SUPPLY COMPANY v. LEE et al. 28839.Supreme Court of Georgia.SUBMITTED MAY 1, 1974. DECIDED SEPTEMBER 3, 1974. GUNTER, Justice. The Court of Appeals has certified five questions to this court relating to the dismissal of an appeal for the late filing of a transcript of proceedings in the trial court. […]

142 S.E.2d 816 NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE et al. v. OVERSTREET. 22814.Supreme Court of Georgia.ARGUED JANUARY 12, 1965. DECIDED APRIL 20, 1965. REHEARING DENIED MAY 7, 1965. 1. (a) Every individual has a natural right to pursue a lawful occupation and to conduct his business according to his own plans and […]

47 S.E.2d 805 REEVES v. THE STATE. 16215.Supreme Court of Georgia. MAY 13, 1948. JENKINS, Chief Justice. This court is without jurisdiction of the instant bill of exceptions taken on an appeal from a conviction for larceny from the house. The question of jurisdiction is controlled by the ruling Page 627 of this court in […]

467 S.E.2d 551 FARGASON v. THE STATE S95A1509Supreme Court of Georgia. DECIDED MARCH 11, 1996 FLETCHER, Presiding Justice. Teresa Gail Fargason was convicted of the malice murder of her six-year-old daughter, Taylor, who was smothered to death.[1] Fargason contends that she is entitled to a new trial because her former husband testified that she failed […]

344 S.E.2d 233 BOWDEN v. KEMP. 43603.Supreme Court of Georgia. DECIDED JUNE 16, 1986. PER CURIAM. This is an appeal by appellant, Jerome Bowden, from the trial court’s denial of his petition for writ of habeas corpus and application for stay of execution. Appellant’s petition to the trial court was based solely upon the proposition […]

29 S.E.2d 71 BOSWELL v. GULF LIFE INSURANCE COMPANY. 14768.Supreme Court of Georgia. FEBRUARY 9, 1944. In this suit for reformation of an insurance policy so as to change the effective date as stated therein, and to recover on the policy as reformed, there was no evidence of fraud, accident, or mistake, so as to […]

341 S.E.2d 436 BLACK v. THE STATE. 42855.Supreme Court of Georgia. DECIDED APRIL 9, 1986. CLARKE, Justice. Gerald Michael Black was convicted by a jury of murder in the shooting death of his girl friend and sentenced to life in prison. He raises issues concerning the sufficiency of the evidence, propriety of the “Allen” charge […]

118 S.E.2d 465 WILLIAMS et al. v. WALDROP. 21138.Supreme Court of Georgia.ARGUED JANUARY 9, 1961. DECIDED FEBRUARY 9, 1961. REHEARING DENIED FEBRUARY 23, 1961. 1. Where the owner of land subdivides it, and has recorded, in the office of the clerk of the superior court in the county where the land is located, restrictions as […]

426 S.E.2d 895 THOMPSON v. STATE. S92A1548.Supreme Court of Georgia. DECIDED MARCH 15, 1993. RECONSIDERATIONS DENIED MARCH 25, 1993. HUNT, Presiding Justice. Solomon Thompson was found guilty of the felony murder, rape and burglary of Maria Kelly, and possession of a knife during the commission of a felony. He was sentenced to life imprisonment for […]

199 S.E.2d 179 MATHEWS v. MATHEWS. 27923.Supreme Court of Georgia.SUBMITTED MAY 14, 1973. DECIDED JULY 3, 1973. PER CURIAM. In a divorce action by Mary E. Mathews against her husband, M. C. Mathews, the trial judge, after a lengthy hearing, entered an order on September 29, 1972, “placing temporary custody of Laura Mathews, Denise Mathews, […]

485 S.E.2d 791 IN THE MATTER OF JOSEPH H. HODGES, III. S97Y1055.Supreme Court of Georgia. DECIDED JUNE 9, 1997. PER CURIAM. In this disciplinary proceeding, James H. Hodges, III, acknowledges the State Bar’s charges against him regarding his misuse of one client’s funds for the benefit of another client and agrees to a two-year suspension. […]

383 S.E.2d 108 BIBLE v. BIBLE. 46827.Supreme Court of Georgia. DECIDED SEPTEMBER 6, 1989. RECONSIDERATION DENIED SEPTEMBER 27, 1989. HUNT, Justice. We granted this application to consider the question whether alternative service made at a defendant’s residence upon a person not “residing therein” constitutes sufficient service under Georgia law. The trial court, construing OCGA § […]

124 S.E.2d 76 THOMPSON v. THOMPSON. 21505.Supreme Court of Georgia.SUBMITTED JANUARY 9, 1962. DECIDED FEBRUARY 8, 1962. REHEARING DENIED FEBRUARY 20, 1962. CANDLER, Justice. The exception here is to a judgment holding the defendant in contempt for his failure to pay past-due alimony instalments. On the hearing the defendant sought to justify his failure to […]

105 S.E.2d 229 LEDGER-ENQUIRER COMPANY v. BROWN. LEDGER-ENQUIRER COMPANY v. GRIMES. 20145, 20146.Supreme Court of Georgia.ARGUED SEPTEMBER 8, 1958. DECIDED OCTOBER 10, 1958. In an action for damages for a newspaper libel, wherein the headline of the publication states that “Two Men Bound to Higher Court in Auto Theft,” and the article below the headline […]

454 S.E.2d 761 LEE v. THE STATE. S94A1771.Supreme Court of Georgia. DECIDED MARCH 6, 1995. BENHAM, Presiding Justice. This appeal follows appellant’s conviction of felony murder wherein the victim died from two gunshot wounds: one in the chest from a range of six to eight inches and one behind the victim’s ear from a range […]

48 S.E.2d 297 PUCKETT et al. v. REESE. 16159.Supreme Court of Georgia. MAY 17, 1948. 1. Ordinarily, in a suit to rescind a contract on the ground of fraud, the petition must show that the plaintiff has restored or offered to restore the benefits received under the contract. The allegations in the instant case were […]

171 S.E.2d 290 WALKER v. THE STATE. 25482.Supreme Court of Georgia.SUBMITTED OCTOBER 15, 1969. DECIDED NOVEMBER 12, 1969. NICHOLS, Justice. The defendant was indicted and convicted of the offense of robbery by force and sentenced to five years imprisonment. His amended motion for new trial was overruled and the present appeal filed. He enumerates as […]

131 S.E.2d 541 CHANCE v. PLANTERS RURAL TELEPHONE COOPERATIVE, INC. 21951.Supreme Court of Georgia.ARGUED APRIL 8, 1963. DECIDED MAY 9, 1963. REHEARING DENIED MAY 29, 1963. Where the defendant corporation improperly raises the issue of lack of service in a suit against it, while at the same time appearing and obtaining a favorable ruling on […]

341 S.E.2d 8 IN RE MICHAEL EDWARD BERGIN. 42732.Supreme Court of Georgia. DECIDED FEBRUARY 13, 1986. WELTNER, Justice. Bergin, an attorney, was convicted of criminal contempt for failing to appear in court to defend his client in a criminal case set for trial at a specific time. He was sentenced to spend 72 hours in […]

476 S.E.2d 587 SAXTON v. COASTAL DIALYSIS MEDICAL CLINIC, INC. S96G1177.Supreme Court of Georgia. DECIDED OCTOBER 15, 1996. CARLEY, Justice. Coastal Dialysis Medical Clinic, Inc. (Coastal) brought suit to enforce a non-competition covenant against Dr. Saxton. When the trial court granted Coastal an interlocutory injunction and also issued a certificate of immediate review, Dr. Saxton […]

314 S.E.2d 97 CITY OF MARIETTA et al. v. HOLLAND. 40143, 40534.Supreme Court of Georgia. DECIDED MARCH 15, 1984. BELL, Justice. This is a dispute over retirement disability benefits. Appellee served as a part-time councilman for appellant City of Marietta (the City) from 1961 to May, 1980. Appellee has a heart condition, and in June […]