Category: Georgia Supreme Court Opinions

85 S.E.2d 34 ROZIER et al. v. REDWINE, Commissioner. 18732.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1954. DECIDED NOVEMBER 9, 1954. REHEARING DENIED DECEMBER 2, 1954. HEAD, Justice. 1. The “Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors” (Ga. L. 1937-38, Ex. Sess., pp. 103-124; Code, Ann. Supp., Chapter 58-10) provides that the […]

386 S.E.2d 34 CLARK v. THE STATE. 46652.Supreme Court of Georgia. DECIDED NOVEMBER 30, 1989. BELL, Justice. The appellant, Thomas A. Clark, was convicted and sentenced to terms of imprisonment for malice murder, armed robbery, aggravated assault, and possession of a knife during the commission of a crime. Clark appeals, and we affirm.[1] The victim, […]

653 S.E.2d 46 IN THE MATTER OF TARA GAIL McNAULL. No. S07Y0530.Supreme Court of Georgia. DECIDED NOVEMBER 5, 2007. PER CURIAM. This disciplinary matter is before the Court pursuant to a Notice of Discipline filed by the State Bar alleging that Respondent Tara Gail McNaull violated Rules 1.3, 1.4, 1.15 (I) and (II), 3.2, 3.4, […]

31 S.E.2d 586 BRIARCLIFF INC. et al. v. KELLEY et al. No. 14883.Supreme Court of Georgia.SEPTEMBER 11, 1944. REHEARING DENIED OCTOBER 7, 1944. 1. The court did not err in overruling the demurrers filed by the defendant Briarcliff Inc. on the grounds of misjoinder (a) of parties plaintiff, (b) of parties defendant, and (c) of […]

311 S.E.2d 169 ROOKS v. ROOKS. 40304.Supreme Court of Georgia. DECIDED JANUARY 18, 1984. PER CURIAM. As a part of the jury verdict in a divorce proceeding, the marital home was ordered sold, and the wife was awarded one-half of the proceeds as equitable division. She also was awarded any relocation fee which the condemning […]

592 S.E.2d 838 THE STATE v. POPPELL. S03A1501.Supreme Court of Georgia. DECIDED FEBRUARY 16, 2004. HUNSTEIN, Justice. The State indicted Gary Christopher Poppell on charges of felony murder and misuse of a firearm while hunting arising out of the shooting death of Frank Henry Parker. The trial court suppressed the results of Poppell’s blood tests […]

314 S.E.2d 656 KRAPF v. WILES. 40739.Supreme Court of Georgia. DECIDED APRIL 17, 1984. SMITH, Justice. This dispute concerns a contractual provision for payment of attorney fees. In October 1982, appellee Wiles purchased some residential property from appellant Krapf. As part of this transaction, Wiles executed a promissory note in favor of Krapf for $51,550 […]

668 S.E.2d 716 BAKER v. THE STATE. No. S08A1678.Supreme Court of Georgia. DECIDED OCTOBER 27, 2008. SEARS, Chief Justice. Roger Lee Baker, Jr., was convicted in 2008 of malice murder and related crimes in the shooting death of Calvin Ellison and sentenced to life in prison. Baker appeals, arguing as his sole enumeration of Page […]

150 S.E.2d 634 ROGERS et al. v. ROBERTSON et al. 23646.Supreme Court of Georgia.SUBMITTED SEPTEMBER 15, 1966. DECIDED SEPTEMBER 22, 1966. DUCKWORTH, Chief Justice. This is an action by two alleged members of an unincorporated church association against two persons as individuals and trustees of the church, alleging irreparable harm and injury and seeking to […]

234 S.E.2d 918 PRYOR v. THE STATE. 31807.Supreme Court of Georgia.ARGUED JANUARY 12, 1977. DECIDED APRIL 27, 1977. HALL, Justice. Leonard Pryor was tried by a jury in the Superior Court of Irwin County and convicted of the kidnap and murder of Mrs. Grace Broome. For kidnapping with bodily injury he was sentenced to life […]

657 S.E.2d 824 CURINTON v. THE STATE. No. S08A0007.Supreme Court of Georgia. DECIDED FEBRUARY 25, 2008. HINES, Justice. Following the denial of his motion for new trial, Dejuan Valdez Curinton appeals his convictions for felony murder, aggravated assault, and possession of a firearm during the commission of a crime in connection with the fatal shooting […]

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 […]

357 S.E.2d 574 FLOURNEY v. THE STATE. 44241.Supreme Court of Georgia. DECIDED JULY 8, 1987. CLARKE, Presiding Justice. Flourney and Tracy Jordan were indicted in Fulton County for malice murder, felony murder, and armed robbery in connection with the homicide of Delphine Barnes. Flourney and Jordan were tried jointly; the jury found Jordan not guilty […]

18 S.E.2d 461 CANNADY v. YAWN et al. 13949.Supreme Court of Georgia. JANUARY 13, 1942. The evidence authorized the finding that the father had surrendered the custody of his child to her grandparents during the life of the grandmother, and did not require a finding that the custody thus given had been relinquished back to […]

340 S.E.2d 586 GENERAL MOTORS CORPORATION v. RASMUSSEN et al. 42444.Supreme Court of Georgia. DECIDED MARCH 4, 1986. RECONSIDERATION DENIED APRIL 1, 1986. SMITH, Justice. General Motors appeals the Fulton County Superior Court’s grant of appellee Christine Grazzini’s motion to intervene in a wrongful death action filed by appellee Edna Rasmussen for the death of […]

28 S.E.2d 463 FORDHAM, trustee, et al. v. HARRELL, superintendent, et al. 14737.Supreme Court of Georgia. NOVEMBER 30, 1943. The board of education of Dodge County acted within the powers conferred on it by the Code, §§ 32-915, 32-1102, in consolidating Empire, a county line school, with Dodge High School, and the judgment denying mandamus […]

284 S.E.2d 6 GOODYEAR v. TRUST COMPANY BANK et al. 37878.Supreme Court of Georgia. DECIDED NOVEMBER 4, 1981. HILL, Presiding Justice. The issue presented here is whether Code Ann. § 81A-125 (c) authorizes a party, after he has conveyed the property, to continue seeking a declaratory judgment that certain easements exist for the benefit of […]

211 S.E.2d 283 MINCEY v. HOPPER. 29175.Supreme Court of Georgia.SUBMITTED FEBRUARY 6, 1974. DECIDED NOVEMBER 26, 1974. REHEARING DENIED DECEMBER 17, 1974. 1. There is no merit in the contention of the appellant that his good time allowance could not be forfeited under Code Ann. § 77-320 (c) (Ga. L. 1956, pp. Page 379 161, […]

235 S.E.2d 504 WILLIAMS v. THE STATE (four cases). 32128, 32129, 32130, 32131.Supreme Court of Georgia.SUBMITTED MARCH 25, 1977. DECIDED MAY 12, 1977. HALL, Justice. The four appellants were convicted of armed robbery in the holdup of a Statesboro grocery store, and sentenced to 20 years. The evidence showed that five armed black men, some […]

633 S.E.2d 537 LANGLANDS v. THE STATE. S06A0297.Supreme Court of Georgia. DECIDED JULY 14, 2006. THOMPSON, Justice. Defendant Steven Christopher Langlands was convicted of malice murder, aggravated assault, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon. The trial court sentenced defendant to life in […]

466 S.E.2d 218 REYNOLDS v. THE STATE S95G1536Supreme Court of Georgia. DECIDED FEBRUARY 12, 1996 SEARS, Justice. We granted certiorari in this case in order to consider whether the appellant’s motions to transfer this case from the superior court to the juvenile court were properly denied, and whether this case is controlled by the reasoning […]

399 S.E.2d 921 HUNTER v. THE STATE. S90A1525.Supreme Court of Georgia. DECIDED JANUARY 31, 1991. BENHAM, Justice. This appeal is from the denial of relief sought in a pleading entitled “Motion for Out-of-Time Appeal.” Appellant entered a guilty plea in 1974 in Schley County to six offenses, one of them being murder. In 1988, a […]

63 S.E.2d 900 JACKSON ELECTRIC MEMBERSHIP CORPORATION v. ECHOLS et al. 17422.Supreme Court of Georgia. MARCH 12, 1951. HAWKINS, Justice. All equity features which this case originally contained having been eliminated before it came to judgment in the trial court, and no ruling upon any question involving equity being presented for review, the Court of […]

235 S.E.2d 500 LEITZKE v. LEITZKE. 32188.Supreme Court of Georgia.ARGUED APRIL 13, 1977. DECIDED MAY 12, 1977. HALL, Justice. This is an appeal from an order of the Superior Court of Muscogee County dismissing appellant’s complaint for divorce, alimony and child support. Appellant and appellee were first married on July 4, 1964. An interlocutory judgment […]

280 S.E.2d 734 DOUGLAS COUNTY RESOURCES, INC. v. DANIEL et al. DOUGLAS COUNTY RESOURCES, INC. v. YARBROUGH et al. 37531, 37532.Supreme Court of Georgia. DECIDED JULY 7, 1981. JORDAN, Chief Justice. The appellant is a Georgia nonprofit corporation sponsored by the Douglas County Retardation Association for the purpose of developing community living environments for retarded […]

458 S.E.2d 653 TUCKER v. ADDISON. S95A0986.Supreme Court of Georgia. DECIDED JULY 14, 1995. RECONSIDERATION DENIED JULY 28, 1995. CARLEY, Justice. Appellant Daniel Tucker moved onto land owned by his grandmother and, upon her death in 1980, title to the land passed under her will to appellant’s father, Ben Tucker. In 1981 and 1983, Ben […]

292 S.E.2d 67 CRANE v. THE STATE. 38648.Supreme Court of Georgia. DECIDED JUNE 2, 1982. MARSHALL, Justice. The direct appeal of the appellant, Paul Crane, from his 1956 conviction of murder and life sentence, was dismissed on the ground that he was a fugitive from justice. Crane v. State, 213 Ga. 386 (98 S.E.2d 903) […]

197 S.E.2d 358 MONTAQUILA v. CRANFORD et al. 27784.Supreme Court of Georgia.ARGUED MARCH 12, 1973. DECIDED APRIL 13, 1973. MOBLEY, Chief Justice. This case is controlled by the decision in Montaquila v. Cranford 230 Ga. 442. Transferred to the Court of Appeals. All the Justices concur. ARGUED MARCH 12, 1973 — DECIDED APRIL 13, 1973. […]

251 S.E.2d 299 IN THE INTEREST OF J. C. et al. 34156.Supreme Court of Georgia.ARGUED OCTOBER 11, 1978. DECIDED DECEMBER 5, 1978. REHEARING DENIED DECEMBER 19, 1978. JORDAN, Justice. This appeal by the parents of two minor children is from an order of the Juvenile Court of Carroll County terminating their parental rights. The Georgia […]

216 S.E.2d 105 HARRELL et al. v. COURSON et al. 29835.Supreme Court of Georgia.ARGUED APRIL 14, 1975. DECIDED MAY 6, 1975. PER CURIAM. This appeal is from an order of the Superior Court of Coffee County, entered on February 20, 1975, dissolving the municipal charter of West Green, Georgia, pursuant to the provisions of Ga. […]

27 S.E.2d 393 POWELL v. POWELL. 14652.Supreme Court of Georgia. OCTOBER 8, 1943. 1. The assignment of error on exception pendente lite to the overruling of plaintiff’s demurrer to defendant’s application for temporary alimony, counsel fees, and other equitable relief, not having been argued in the brief of the attorneys for plaintiff in error, is […]

106 S.E.2d 776 LUKE v. CRUMLEY. 20274.Supreme Court of Georgia.ARGUED NOVEMBER 10, 1958. DECIDED JANUARY 12, 1959. The petition stated a cause of action for some of the relief prayed. ARGUED NOVEMBER 10, 1958 — DECIDED JANUARY 12, 1959. Injunction. Berrien Superior Court. Before Judge Huxford. September 27, 1958. On December 21, 1957, M. J. […]

409 S.E.2d 657 PRIEST v. THE STATE. S91A1252.Supreme Court of Georgia. DECIDED NOVEMBER 1, 1991. CLARKE, Chief Justice. James H. Priest, Jr., a 17-year-old high school student, was arrested and charged with possession of a controlled substance and burglary. A negotiated plea was arranged which called for “first offender” treatment for both offenses, probation, a […]

65 S.E.2d 811 KIRBY et al. v. JOHNSON. 17490.Supreme Court of Georgia.SUBMITTED JUNE 11, 1951. DECIDED JULY 9, 1951. A petition for the cancellation of a deed, alleging that a mother, the owner of described realty, executed a voluntary deed to her children giving them a remainder interest, when in fact she intended to execute […]

247 S.E.2d 838 STEVENS v. THE STATE. 33808.Supreme Court of Georgia.ARGUED JULY 10, 1978. DECIDED SEPTEMBER 5, 1978. HALL, Justice. This is Stevens’ appeal from his death sentence imposed January 24, 1978, in Wayne County Superior Court, for the murder of Roger E. Honeycutt, a taxi driver. The state’s evidence, including Stevens’ confession, showed that […]

704 S.E.2d 759 COMMUNITY RENEWAL AND REDEMPTION v. NIX et al. No. S10A1727.Supreme Court of Georgia. DECIDED JANUARY 10, 2011. THOMPSON, Justice. This is the second appearance of this case before this Court. Se Community Renewal and Redemption v. Nix, 279 Ga. 840 (621 SE2d 722) (2005). In our prior opinion, we set forth the […]

336 S.E.2d 754 BLACK v. HARDIN. 42375.Supreme Court of Georgia. DECIDED NOVEMBER 27, 1985. WELTNER, Justice. Hardin was convicted of the murder of her husband and was sentenced to life imprisonment. Her son, Davies, pleaded guilty to the murder and testified at trial that he shot his step-father because it was what his mother wanted. […]

157 S.E.2d 744 EPPERSON v. DUTTON, Warden. 24327.Supreme Court of Georgia.SUBMITTED OCTOBER 9, 1967. DECIDED OCTOBER 20, 1967. DUCKWORTH, Chief Justice. This is purely and simply an effort to correct alleged errors of law in a case heretofore affirmed in Epperson v. State, 223 Ga. 253 (154 S.E.2d 237), and the writ of habeas corpus […]

560 S.E.2d 643 ARMSTRONG v. THE STATE. S01A1601.Supreme Court of Georgia. DECIDED: FEBRUARY 11, 2002 FLETCHER, Chief Justice. A jury convicted Joshua Armstrong of felony murder, armed robbery, and burglary for his involvement in the killing of Blanche Atwood. The principal issue on appeal is whether the State satisfied chain of custody requirements for a […]

99 S.E.2d 204 DUTTON et al. v. FREEMAN. 19740.Supreme Court of Georgia.SUBMITTED JUNE 10, 1957. DECIDED JULY 3, 1957. REHEARING DENIED JULY 22, 1957. 1. Where custody of a child has been finally awarded to the parents alternately, so that each has its custody for two weeks, a writ of habeas corpus brought by the […]

114 S.E.2d 26 WAKE BROADCASTERS, INC. v. CRAWFORD. 20842.Supreme Court of Georgia.ARGUED MARCH 16, 1960. DECIDED APRIL 7, 1960. HAWKINS, Justice. WAKE Broadcasters, Inc., filed a petition in Fulton Superior Court, on December 29, 1959, seeking a restraining order and an injunction against John E. Crawford, under a restrictive-covenant contract of employment executed September 4, […]

105 S.E.2d 314 GAUGHF v. GAUGHF. 20218.Supreme Court of Georgia.ARGUED SEPTEMBER 9, 1958. DECIDED OCTOBER 10, 1958. In a habeas corpus proceeding the trial judge did not abuse his discretion in awarding the custody of the children of the parties to the father. ARGUED SEPTEMBER 9, 1958 — DECIDED OCTOBER 10, 1958. Habeas Corpus. Bibb […]

313 S.E.2d 475 SPENCE v. THE STATE. 40511.Supreme Court of Georgia. DECIDED MARCH 5, 1984. REHEARING DENIED MARCH 28, 1984. SMITH, Justice. Otis Franklin Spence III was indicted for the shooting death of his mother, Sarah Jo Spence, and tried before a jury in Richmond County Superior Court. Appellant, who was 19 years old at […]

133 S.E.2d 880 KITCHIN v. KITCHIN. 22209.Supreme Court of Georgia.ARGUED OCTOBER 15, 1963. DECIDED NOVEMBER 7, 1963. 1. Where the trial judge has exercised the discretion vested in him by law and there is some evidence to support the verdict, the judgment overruling the motion for new trial based on the general grounds is not […]

517 S.E.2d 527 ARMOUR et al. v. PEEK. S99A0443.Supreme Court of Georgia. DECIDED: JUNE 7, 1999. BENHAM, Chief Justice. This appeal is from an order granting summary judgment to the defendant in an action to set aside a deed. The plaintiffs in that action, appellants here, are members of the Armour family. They filed this […]

691 S.E.2d 207 THE STATE v. DIXON. No. S09G1130.Supreme Court of Georgia. DECIDED: MARCH 15, 2010. NAHMIAS, Justice. A DeKalb County jury convicted Andrew Dixon, Jr., on two counts of armed robbery for stealing a truck and personal belongings from a man at a DeKalb County car wash. Dixon admitted at trial that he stole […]

277 S.E.2d 687 THE STATE v. PEABODY et al. 37206.Supreme Court of Georgia. DECIDED MAY 13, 1981. MARSHALL, Justice. We granted certiorari to review the decision of the Court of Appeals in Peabody v. State, 156 Ga. App. 853 (276 S.E.2d 47) (1980). In this case, the Court of Appeals has held that the trial […]

418 S.E.2d 12 MARTIN v. THE STATE. S92A0586.Supreme Court of Georgia. DECIDED JULY 6, 1992. CLARKE, Justice. James Edward Martin was convicted of felony murder and sentenced to life in prison. He appeals.[1] We affirm. In the early hours of the morning of June 26, 1990, appellant’s mother, Phyllis Jean Martin, woke him up to […]

569 S.E.2d 844 IN THE MATTER OF TIMOTHY JOHN JONES. S02Y1782.Supreme Court of Georgia. Decided September 16, 2002 PER CURIAM. This matter is before the Court on the Report and Recommendation of the Special Master, who recommends that Respondent Timothy John Jones be disbarred for his violations of Standards 4 (lawyer shall not engage in […]

259 S.E.2d 454 DAILEY v. DAILEY. 35025.Supreme Court of Georgia.ARGUED JUNE 13, 1979. DECIDED SEPTEMBER 10, 1979. JORDAN, Justice. Appellant husband and appellee wife were divorced in January 1978 after some 30 years of marriage, their settlement agreement being incorporated in the decree. After a hearing on a contempt brought by the appellee, the trial […]

35 S.E.2d 150 WEISS v. HOOD, warden. 15246.Supreme Court of Georgia. SEPTEMBER 7, 1945. WYATT, Justice. This case is controlled by the rulings in Stewart v. Sanders, 199 Ga. 497 (34 S.E.2d 649). Judgment affirmed. All the Justices concur, except Head, J., disqualified. No. 15246. SEPTEMBER 7, 1945. Habeas corpus. Before Judge Hawkins. Cobb superior […]

579 S.E.2d 214 WRIGHT v. THE STATE. S02A1350.Supreme Court of Georgia. Decided March 27, 2003 Reconsideration Denied April 11, 2003 HINES, Justice. Gerald Wayne Wright appeals from his convictions on two counts of malice murder, one count of possession of a firearm during the commission of a felony, and one count of concealing the death […]

244 S.E.2d 3 MADDOX v. MADDOX. 33340.Supreme Court of Georgia.ARGUED MARCH 14, 1978. DECIDED APRIL 3, 1978. MARSHALL, Justice. The appellant and appellee in this case were formerly husband and wife, but they were divorced in 1974. The final divorce decree, which incorporated an agreement of the parties, provided that the appellant would pay the […]

37 S.E.2d 705 THOMAS, executrix, v. MacNEILL, treasurer; et vice versa. 15326, 15335.Supreme Court of Georgia.JANUARY 15, 1946. REHEARING DENIED FEBRUARY 21, 1946. Under the provisions of the Constitution of Georgia, as amended (article 6, section 13, paragraphs 1 and 2, according to the arrangement and numbers existing at the time the instant case arose), […]

476 S.E.2d 759 STREETER v. PASCHAL, et al. S96A0796.Supreme Court of Georgia. DECIDED OCTOBER 21, 1996. HINES, Justice The City of Americus held an election on November 7, 1995, to fill three vacancies on the city council. Emmarene Streeter and Eloise Paschal opposed each other for the vacant seat in District 2. Based on the […]

167 S.E.2d 653 JOHNSON et al., Trustees v. MUTUAL FEDERAL SAVINGS LOAN ASSOCIATION OF ATLANTA; and vice versa. 25141, 25142.Supreme Court of Georgia.ARGUED APRIL 16, 1969. DECIDED APRIL 24, 1969. UNDERCOFLER, Justice. This is the second appearance of this case in this court. Mutual Federal Savings c. Assn of Atlanta v. Johnson, 223 Ga. 811 […]

303 S.E.2d 106 JOYNER v. THE STATE. 39753.Supreme Court of Georgia. DECIDED JUNE 1, 1983. REHEARING DENIED JUNE 16, 1983. WELTNER, Justice. Diane Joyner was convicted of felony murder in the death by starvation of her daughter, Margo Joyner, who was seven weeks old. 1. We have reviewed the evidence in the case, and find […]

261 S.E.2d 590 IN THE INTEREST OF M. A. C. et al. 35292.Supreme Court of Georgia.ARGUED SEPTEMBER 18, 1979. DECIDED OCTOBER 24, 1979. REHEARING DENIED NOVEMBER 6, 1979. MARSHALL, Justice. In this case, the Juvenile Court of Rockdale County terminated the parental rights of the appellant, Kathryn Simms, to her two minor children, M. A. […]

81 S.E.2d 793 OLIVER et al. v. CENTRAL OF GEORGIA RAILWAY COMPANY et al. 18542.Supreme Court of Georgia.ARGUED APRIL 12, 1954. DECIDED MAY 11, 1954. The judgment complained of was not error for any reason assigned. ARGUED APRIL 12, 1954 — DECIDED MAY 11, 1954. Injunction. Before Judge Anderson. Bibb Superior Court. October 30, 1953. […]

531 S.E.2d 708 BANKS v. WALDROP. S00A0496.Supreme Court of Georgia. DECIDED: JUNE 12, 2000 HINES, Justice. Millius Bland Banks appeals the dismissal of his pre-trial application for writ of habeas corpus based on his contention that he was illegally denied bail. Following a hearing on Banks’s petition, the habeas court ruled that, “[i]t is not […]

414 S.E.2d 203 HOWARD v. HOWARD. S91A1433.Supreme Court of Georgia. DECIDED MARCH 4, 1992. RECONSIDERATION DENIED APRIL 2, 1992. CLARKE, Chief Justice. The parties were divorced in September 1986. The divorce decree provided that husband would pay wife $1,000 per month in alimony, “continuing until the death of either party, remarriage of [wife] or otherwise […]

221 S.E.2d 192 THOMPSON et al. v. HORNSBY et al. 30294.Supreme Court of Georgia.ARGUED SEPTEMBER 9, 1975. DECIDED OCTOBER 28, 1975. REHEARING DENIED NOVEMBER 24, 1975. JORDAN, Justice. This appeal is from the grant of a mandamus absolute. Marion A. Hornsby, Jr., and William Lee Roberts and others, as Trustees and Secretary of the Fulton […]

301 S.E.2d 874 KEMP v. SPRADLIN. 39373.Supreme Court of Georgia. DECIDED APRIL 7, 1983. CLARKE, Justice. This is a habeas corpus case in which the writ was granted by the trial court. We affirm. Spradlin was given probation after pleading guilty to burglary in Page 830 1980. He had no legal counsel. Again in 1981, […]

510 S.E.2d 529 DIAZ v. THE STATE. S98A1633.Supreme Court of Georgia. DECIDED JANUARY 11, 1999. THOMPSON, Justice. A jury found Victor Garcia Diaz guilty of felony murder and possession of a knife during the commission of a crime, in connection with the stabbing death of Antonino Angel.[1] His sole complaint on appeal is that the […]

640 S.E.2d 5 FOLSOM et al. v. ROWELL et al.; SMITH v. ROWELL et al. Nos. S06A1980, S06A1981.Supreme Court of Georgia. DECIDED JANUARY 8, 2006. CARLEY, Justice. Howard C. Folsom (Testator) died in 1960, and was survived by six adult children. In Paragraph 3 of his will, he bequeathed a life estate in all of […]

22 S.E.2d 467 BANK OF TIFTON v. BRYAN, administratrix, et al. 14290.Supreme Court of Georgia. OCTOBER 14, 1942. 1. An administrator who is an heir at law of his intestate, and as such has an interest in the property sold, may purchase at the administrator’s sale of the property of the estate; provided he is […]

114 S.E.2d 517 MACON COCA-COLA BOTTLING COMPANY v. CHANCEY. 20845.Supreme Court of Georgia.ARGUED APRIL 11, 1960. DECIDED MAY 5, 1960. REHEARING DENIED MAY 18, 1960. 1. The charge complained of was abstractly correct, was an accurate statement of the res ipsa loquitur doctrine, and was adjusted to the pleadings and evidence in this case. Page […]

169 S.E.2d 805 KNOX v. KNOX. 25288.Supreme Court of Georgia.SUBMITTED JULY 14, 1969. DECIDED SEPTEMBER 8, 1969. UNDERCOFLER, Justice. Robert F. Knox filed a petition in the Superior Court of Muscogee County, Georgia, against Dorothea E. Knox seeking a reduction of alimony and child support payments. The jury returned a verdict for the defendant and […]

396 S.E.2d 235 WALKER v. WALKER. S90A1035.Supreme Court of Georgia. DECIDED OCTOBER 4, 1990. WELTNER, Justice. The wife was awarded child support as a part of a divorce decree entered in 1985. In August 1989, she filed against the former husband a petition to modify the provisions for child support, specifically asking that the court […]

684 S.E.2d 608 DREW v. THE STATE. No. S09A1477.Supreme Court of Georgia. DECIDED OCTOBER 5, 2009. THOMPSON, Justice. Willie D. Drew was charged with the offense of riot in a penal institution in violation of OCGA § 16-10-56, as well as other related crimes. He filed a general demurrer asserting the unconstitutionality of OCGA § […]

215 S.E.2d 223 CHENAULT v. THE STATE. 29662.Supreme Court of Georgia.ARGUED FEBRUARY 11, 1975. DECIDED APRIL 9, 1975. REHEARING DENIED APRIL 22, 1975. UNDERCOFLER, Presiding Justice. This case is before this court by appeal and for mandatory review of the death sentences imposed upon the appellant following his trial by jury. The appellant, Marcus Wayne […]

336 S.E.2d 812 HALL v. THE STATE. 42273.Supreme Court of Georgia. DECIDED DECEMBER 5, 1985. BELL, Justice. Donna Lynn Allen, a student at the University of Georgia, was stabbed to death on the University’s Athens campus. Warren Reid Hall was convicted of her murder and sentenced to life imprisonment. He appeals, enumerating four errors; we […]

20 S.E.2d 253 ELLER v. ROAN LAMB INC. 14038.Supreme Court of Georgia. APRIL 23, 1942. REHEARING DENIED MAY 20, 1942. BELL, Justice. It appears from the record and the bill of exceptions that the correctness of the judgment depends on evidence introduced upon the hearing and considered by the trial judge. The bill of exceptions […]

375 S.E.2d 852 HOWARD v. HOWARD. 46406.Supreme Court of Georgia. DECIDED FEBRUARY 8, 1989. CLARKE, Presiding Justice. Mr. Howard asserts in a divorce action that he is not the natural father of Jonathan Howard. In a motion for summary judgment on the issue of paternity, Mr. Howard presented the results of HLA blood tests that […]

412 S.E.2d 832 RASKIN v. THE STATE. S91A1624.Supreme Court of Georgia. DECIDED FEBRUARY 6, 1992. HUNT, Justice. Defendant Fred Raskin appeals his convictions for murder, false imprisonment, and possession of a firearm in the commission of a felony, for which he received sentences of life, ten years and five years, respectively.[1] On March 29, 1988, […]

10 S.E.2d 740 MABRY et al. v. STATE BOARD OF EXAMINERS IN OPTOMETRY et al. 13397.Supreme Court of Georgia. SEPTEMBER 24, 1940. 1. In order legally to engage in the practice of medicine in this State, every one must meet the requirements of chapter 84-9 of the Code, and obtain a license as therein provided. […]

202 S.E.2d 452 OLIVER et al. v. YOUNG. 28350.Supreme Court of Georgia.ARGUED OCTOBER 10, 1973. DECIDED NOVEMBER 8, 1973. REHEARING DENIED DECEMBER 3, 1973. UNDERCOFLER, Justice. This case arises out of a dispute between adjoining land owners in a subdivision as to the interpretation of restrictive covenants in deeds from a common grantor. The restrictive […]

461 S.E.2d 539 VANALSTINE v. ROACH et al. S95A1311.Supreme Court of Georgia. DECIDED SEPTEMBER 25, 1995 — RECONSIDERATION DENIED NOVEMBER 3, 1995. CARLEY, Justice. VanAlstine presented for filing a pro se petition for mandamus against numerous participants in a prior civil proceeding, including Judge Roach (Judge) who presided in that proceeding. According to the allegations […]

461 S.E.2d 212 ROBERSON v. THE STATE. REYES v. THE STATE. S95A0701, S95A0702.Supreme Court of Georgia. DECIDED SEPTEMBER 11, 1995. THOMPSON, Justice. James Roberson was convicted of malice murder and possession of a knife during the commission of a crime. He was tried jointly with his sister, Lisa Reyes, who was convicted of felony murder.[1] […]

453 S.E.2d 443 STEPHENS v. THE STATE. S94A1503.Supreme Court of Georgia. DECIDED FEBRUARY 13, 1995. RECONSIDERATION DENIED MARCH 9, 1995. HUNSTEIN, Justice. Tony Wendell Stephens was convicted of malice murder, felony murder, and two counts of aggravated assault in the handgun killing of Frank Isabell and the assault on Torrence Walker. He was sentenced to […]

373 S.E.2d 512 IN THE MATTER OF H. ALFORD FLEMING, JR. SUPREME COURT DISCIPLINARY NO. 643Supreme Court of Georgia. DECIDED SEPTEMBER 28, 1988. PER CURIAM. H. Alford Fleming, Jr. filed a petition for voluntary surrender of license. He admitted he acted as the closing and disbursing attorney in a number of specified real estate closings. […]

178 S.E.2d 863 PLANTATION PIPE LINE COMPANY et al. v. CITY OF BREMEN. 25873.Supreme Court of Georgia.ARGUED JUNE 8, 1970. DECIDED NOVEMBER 23, 1970. 1. The General Assembly is authorized to delegate its legislative power of municipal annexation to municipalities under the 1954 amendment to the Constitution of 1945. Art. XV, Sec. I, Par. I […]

287 S.E.2d 24 WATKINS v. THE STATE. 38265.Supreme Court of Georgia. DECIDED FEBRUARY 9, 1982. MARSHALL, Justice. Tony L. Watkins was convicted of the armed robbery and murder of Milton Dixon, and sentenced to life imprisonment. His sole enumerated error is that the evidence does not support the verdict. Evidence was adduced at the trial […]

586 S.E.2d 669 WILSON v. THE STATE. S03A0548.Supreme Court of Georgia. DECIDED SEPTEMBER 22, 2003. RECONSIDERATION DENIED OCTOBER 17, 2003. BENHAM, Justice. This appeal is from Herman Wilson, Jr.’s conviction for murder and possession of a firearm during commission of a crime.[1] The evidence Page 196 adduced at trial showed that Wilson and his ex-wife, […]

642 S.E.2d 656 JACKSON v. THE STATE. No. S06A1945.Supreme Court of Georgia. DECIDED MARCH 19, 2007. HUNSTEIN, Presiding Justice. Carmen Jackson was convicted of malice murder, felony murder and cruelty to children in the death of her fifteen-month-old daughter, Tytanna Jackson. She appeals from the denial of her motion for new trial.[1] Finding no error, […]

251 S.E.2d 294 THOMAS v. THE STATE. WIMS v. THE STATE. 33932, 33933.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1978. DECIDED DECEMBER 5, 1978. REHEARING DENIED DECEMBER 19, 1978. HALL, Justice. Appellants Charlie Lee Thomas and Marvin Lee Wims were convicted in 1977 in Fulton County Superior Court of the murder and armed robbery of Ernest […]

180 S.E.2d 94 JOHNSON v. THE STATE. 26251.Supreme Court of Georgia.SUBMITTED JANUARY 11, 1971. DECIDED JANUARY 21, 1971. GRICE, Justice. This appeal is from a judgment of conviction and sentence for child molestation, in which constitutional questions are sought to be raised. The notice of appeal was filed 61 days after the entry of such […]

230 S.E.2d 282 MAYS v. THE STATE. 31579.Supreme Court of Georgia.SUBMITTED SEPTEMBER 24, 1976. DECIDED OCTOBER 26, 1976. REHEARING DENIED NOVEMBER 24, 1976. INGRAM, Justice. James Mays was convicted of armed robbery in the Superior Court of Barrow County and was sentenced to 20 years imprisonment. He appeals his conviction on the general grounds of […]

581 S.E.2d 538 OLIVER v. THE STATE S03A0242.Supreme Court of Georgia. Decided: June 2, 2003 BENHAM, Justice. Appellant Calvin Oliver was convicted and sentenced for the malice murder of Melissa Jennings and the burglary of the victim’s apartment in Gwinnett County.[1] He appeals the judgment of conviction and, after reviewing the record, we affirm. 1. […]

223 S.E.2d 725 MILLS v. THE STATE. 30772.Supreme Court of Georgia.SUBMITTED JANUARY 29, 1976. DECIDED FEBRUARY 24, 1976. UNDERCOFLER, Presiding Justice. Rayford Mills was convicted on Indictment No. 104 for the offense of armed robbery and sentenced to 18 years imprisonment. He appeals to this court. The evidence shows that about 10 a. m. on […]

292 S.E.2d 681 THE STATE v. MEMINGER. 38316.Supreme Court of Georgia. DECIDED JUNE 22, 1982. JORDAN, Chief Justice. This case concerns the applicability of Code Ann. § 27-1303. The defendant was convicted of armed robbery in Laurens County Superior Court and given a life sentence. Meminger’s case was set for trial during the week of […]

171 S.E.2d 512 NIXON v. BROWN. 25510.Supreme Court of Georgia.ARGUED NOVEMBER 10, 1969. DECIDED DECEMBER 4, 1969. There was a genuine issue of material fact and the trial judge properly denied the defendant’s motion for summary judgment. ARGUED NOVEMBER 10, 1969 — DECIDED DECEMBER 4, 1969. Cancellation. Houston Superior Court. Before Judge Culpepper. Jones, Cork, […]

104 S.E.2d 117 CITY OF DECATUR et al. v. FOUNTAIN. 20080.Supreme Court of Georgia.ARGUED MAY 14, 1958. DECIDED JUNE 4, 1958. MOBLEY, Justice. 1. “To entitle one to the writ of mandamus, it must appear from the petition therefor that the applicant has a clear legal right to have performed the particular act which he […]

563 S.E.2d 429 DAKER v. RAY et al. S02A0682.Supreme Court of Georgia. DECIDED: April 29, 2002. CARLEY, Justice. In 1996, a jury found Waseem Daker guilty of two counts of aggravated stalking, and the trial court sentenced him to two consecutive five-year terms. The Court of Appeals affirmed, and this Court denied certiorari.Daker v. State, […]

306 S.E.2d 240 SOUTHEASTERN ALUMINUM RECYCLING, INC. et al. v. RAYBURN. 39853.Supreme Court of Georgia. DECIDED SEPTEMBER 7, 1983. HILL, Chief Justice. Rayburn filed a claim for workers’ compensation benefits against Southeastern Aluminum Recycling, Inc., and the administrative law judge found the claim to be compensable. Southeastern appealed to the State Board of Workers’ Compensation, […]

41 S.E.2d 522 JOHNSON v. KENNEDY. 15714.Supreme Court of Georgia. FEBRUARY 6, 1947. 1. For a payment to be voidable as a preference under the 1938 bankruptcy act it must appear that (a) it was in settlement of an antecedent unsecured claim; (b) it was made within four months of the bankruptcy; (c) there was […]

360 S.E.2d 253 GORDON v. THE STATE. 44761.Supreme Court of Georgia. DECIDED SEPTEMBER 24, 1987. GREGORY, Justice. On December 3, 1986, James Howell Gordon, Jr., appellant, was convicted by a Gwinnett County jury of the offense of sodomy. Gordon was sentenced to a period of twenty years, the first ten years to be served in […]

561 S.E.2d 806 WHITE v. REGIONS BANK et al. S01A1641.Supreme Court of Georgia. DECIDED: MARCH 28, 2002 BENHAM, Justice. James Curtis Austin, the father of appellant Diane White, died on February 18, 1996. Mrs. White filed a caveat to the petition to probate Austin’s will in probate court on the grounds that the testator lacked […]

37 S.E.2d 197 LANKFORD et al. v. MILHOLLIN et al. 15285.Supreme Court of Georgia.JANUARY 16, 1946. REHEARING DENIED MARCH 5, 18, 1946. 1. Where tenants in common sue their cotenants for an accounting and for rents and profits, and a cross-action is filed by the latter for partition by sale of the common property, such […]