Category: Georgia Supreme Court Opinions

121 S.E.2d 33 ARONIN et al. v. MOONEY. 21255.Supreme Court of Georgia.SUBMITTED JUNE 13, 1961. DECIDED JULY 6, 1961. HEAD, Presiding Justice. The sole exception in the present case is to the grant of an interlocutory injunction. The judgment complained of is supported by the evidence and therefore is not erroneous. Judgment affirmed. All the […]

264 S.E.2d 230 RITCHIE v. RITCHIE. 35812.Supreme Court of Georgia.SUBMITTED JANUARY 11, 1980. DECIDED FEBRUARY 5, 1980. MARSHALL, Justice. In this appeal from the August 24, 1979, order of the juvenile court awarding the custody of a minor child to the mother, no application for appellate review was filed as required by Code Ann. § […]

352 S.E.2d 372 HOWELL et al. v. TIDWELL. 43880.Supreme Court of Georgia. DECIDED JANUARY 28, 1987. RECONSIDERATION DENIED FEBRUARY 12, 1987. HUNT, Justice. Plaintiffs, citizens of Bartow County, participated in a recall effort against County Commissioner Frank Moore. OCGA Ch. 21-4. When they submitted their petition to the Probate Judge, Norma Tidwell, for verification of […]

465 S.E.2d 672 LUALLEN v. THE STATE S95A1678Supreme Court of Georgia. DECIDED JANUARY 22, 1996 HUNSTEIN, Justice. Mary Carolyn Luallen was found guilty of the malice murder of her 19-year-old niece, Angie Jernigan, and was sentenced to life in prison. She appeals from the denial of her motion for a new trial.[1] 1. Evidence was […]

548 S.E.2d 338 AMERICAN CENTRAL INSURANCE COMPANY v. LEE et al. S00G1474.Supreme Court of Georgia. DECIDED: JUNE 11, 2001. HUNSTEIN, Justice. The facts of this case are set forth in greater detail in Leev. American Central Ins. Co., 243 Ga. App. 759 (530 S.E.2d 731) (2000). Appellee Lee purchased property in Bibb County and executed […]

6 S.E.2d 304 HOLTON et al. v. LANKFORD et al. 12827.Supreme Court of Georgia. NOVEMBER 16, 1939. REHEARING DENIED DECEMBER 16, 1939. 1. Where in a land-registration case an order and judgment overruling exceptions of law and of fact to an examiner’s report, and decreeing registration in favor of the plaintiff, were reversed by this […]

57 S.E.2d 823 SWOFFORD v. GLAZE. 16891.Supreme Court of Georgia. FEBRUARY 15, 1950. REHEARING DENIED MARCH 15, 1950. HEAD, Justice. 1. “Ordinarily the plaintiff, in his petition, need not anticipate or negative a possible defense. Where, however, such defense is anticipated, it must be effectually avoided, or the complaint is bad.” James v. Maddox, 153 […]

239 S.E.2d 334 PARKS v. PARKS. 32565.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1977. DECIDED OCTOBER 21, 1977. NICHOLS, Chief Justice. This appeal is from a jury verdict in favor of the plaintiff which found that the defendant held in implied trust for the plaintiff certain real estate and that the title to the real estate […]

241 S.E.2d 238 CANNON et al. v. GEORGIA FARM BUREAU MUTUAL INSURANCE COMPANY. 32947.Supreme Court of Georgia.SUBMITTED NOVEMBER 16, 1977. DECIDED JANUARY 5, 1978. HALL, Justice. Appellants are the surviving relatives of Richard Cannon, Jr., a minor who was killed in an automobile accident while a passenger in a car driven by a named insured […]

440 S.E.2d 657 ZANT v. MOON; and vice versa. S93A1925, S93X1926.Supreme Court of Georgia. DECIDED FEBRUARY 28, 1994. RECONSIDERATION DENIED MARCH 31, 1994. CLARKE, Chief Justice. The facts of this case are set out in our opinion on direct appeal, Moon v. State, 258 Ga. 748 (375 S.E.2d 442) (1988). Larry Eugene Moon was convicted […]

52 S.E.2d 282 RICHARDS et al. v. CITY OF ATLANTA; et vice versa. 16568, 16569.Supreme Court of Georgia. MARCH 16, 1949. HEAD, Justice. The ruling made in Pilgreen v. City of Atlanta, 204 Ga. 710 (51 S.E.2d 655), is controlling on the questions made in this case. Judgment reversed on the main bill of exceptions […]

310 S.E.2d 233 KARLOVICH et al. v. THE STATE. 39835.Supreme Court of Georgia. DECIDED NOVEMBER 30, 1983. REHEARING DENIED DECEMBER 15, 1983. 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, […]

59 S.E.2d 912 LOTT v. LOTT. 17122.Supreme Court of Georgia. JUNE 13, 1950. CANDLER, Justice. J. J. Lott Jr. sued his wife, Madelyn Tanner Lott, for a divorce and for the custody of their two minor children, ages 6 and 3 years, respectively. He alleged that his wife was guilty of cruel treatment; that she […]

9 S.E.2d 895 ALFORD v. ALFORD. 13392.Supreme Court of Georgia. JULY 9, 1940. Where on application, during pendency of suit for divorce and alimony, an award of $25 attorney’s fees is allowed, and the only evidence produced is an affidavit of the wife that she needs attorney’s fees, this court can not say that the […]

6 S.E.2d 728 STEPHENS v. REID. 13079.Supreme Court of Georgia. DECEMBER 4, 1939. 1. The phrase “until the next regular election,” as used in art VI, sec. II, par. VIII of the constitution of Georgia (Code § 2-3008), in fixing the tenure of office of the Chief Justice or an Associate Justice of the Supreme […]

272 S.E.2d 692 JOHNSON v. JAMES et al. 36576.Supreme Court of Georgia.SUBMITTED AUGUST 15, 1980. DECIDED NOVEMBER 14, 1980. JORDAN, Presiding Justice. In 1975, appellant brought an action as an heir-at-law of her deceased husband for a partitioning of land inherited by her husband and his brothers and sisters from their father and mother. Only […]

699 S.E.2d 321 HALL v. THE STATE. No. S10A0692.Supreme Court of Georgia. DECIDED SEPTEMBER 20, 2010. HUNSTEIN, Chief Justice. Michelle Garner Hall was convicted of malice murder and aggravated assault in the shooting death of her husband, Britt Hall. She appeals from the denial of her motion for new trial, [1] contending that the trial […]

198 S.E.2d 288 THOMPSON v. THE STATE. 27818.Supreme Court of Georgia.ARGUED APRIL 10, 1973. DECIDED MAY 10, 1973. REHEARING DENIED MAY 24, 1973. NICHOLS, Justice. The defendant was tried and convicted of armed robbery and carrying a concealed weapon. A motion to suppress evidence obtained as the result of a search warrant being issued was […]

154 S.E.2d 605 ALLEN v. SMITH et al. 23966.Supreme Court of Georgia.SUBMITTED MARCH 13, 1967. DECIDED APRIL 5, 1967. MOBLEY, Justice. 1. It is well established by many decisions of this court where it appears that even if the judgment of the trial court was reversed the appellant would receive no benefit from the adjudication, […]

409 S.E.2d 847 RIDCO EXTERMINATING COMPANY, INC. v. STILTJES. S91G0411.Supreme Court of Georgia. DECIDED NOVEMBER 1, 1991. RECONSIDERATION DENIED NOVEMBER 22, 1991. SMITH, Presiding Justice. Certiorari was granted in this case to view, in light o Stenger v. Grimes, 260 Ga. 838 (400 S.E.2d 318) (1991), the Court of Appeals’ opinion reversing the grant of […]

223 S.E.2d 801 GEORGIA LOAN TRUST COMPANY v. DYER et al. 30239.Supreme Court of Georgia.ARGUED SEPTEMBER 4, 1975. DECIDED FEBRUARY 11, 1976. REHEARING DENIED MARCH 2, 1976. GUNTER, Justice. This is the second appearance of this case in this court. I Ga. Loan Trust Co. v. Dyer, 233 Ga. 957 (213 S.E.2d 864) (1975), an […]

200 S.E.2d 134 MARIETTA BROADCASTING COMPANY, INC. v. ADVANCE MARKETING RESEARCH, INC. et al. 28024.Supreme Court of Georgia.ARGUED JULY 10, 1973. DECIDED SEPTEMBER 6, 1973. 1. The motion to dismiss is denied. 2. The dismissal of the affidavit of illegality was proper since no levy had been made. 3. The provision of the Act amending […]

432 S.E.2d 107 SCOTT v. THE STATE. S93A0631.Supreme Court of Georgia. DECIDED JULY 15, 1993. HUNT, Presiding Justice. Eric Scott shot and killed Wayne Burgess with a handgun. He was convicted of malice murder, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a felony. He was […]

707 S.E.2d 335 EDWARDS v. THE STATE. No. S11A0448.Supreme Court of Georgia. DECIDED JANUARY 14, 2011. PER CURIAM. Oliver W. Edwards sought a certificate of probable cause to appeal from the denial of his petition for a writ of habeas corpus in which he challenged his June 1994 conviction for violation of the Georgia Controlled […]

263 S.E.2d 152 JONES v. YOUNG et al. 35395.Supreme Court of Georgia.SUBMITTED SEPTEMBER 19, 1979. DECIDED JANUARY 24, 1980. The opinion of the trial court is affirmed without opinion pursuant to Rule 59. All the Justices concur. SUBMITTED SEPTEMBER 19, 1979 — DECIDED JANUARY 24, 1980. Landline dispute; injunction. Bibb Superior Court. Before Judge Culpepper. […]

253 S.E.2d 763 SIMS v. SIMS; and vice versa. 34279, 34448.Supreme Court of Georgia.SUBMITTED JANUARY 8, 1979. DECIDED MARCH 8, 1979. UNDERCOFLER, Presiding Justice. These appeals involve companion cases to a petition for modification of alimony appealed in Sims v. Sims, 243 Ga. 275 (1979). Appeal No. 34279 arises out of a petition for contempt […]

103 S.E.2d 300 STATE HIGHWAY DEPARTMENT OF GEORGIA v. BLALOCK et al. 20001.Supreme Court of Georgia.ARGUED FEBRUARY 10, 1958. DECIDED MARCH 7, 1958. The judgment of the trial court denying an injunction, and denying the title to the property in question to be in the Highway Department, and decreeing the title to be in the […]

78 S.E.2d 510 UHL v. WARNER ROBINS HOME BUILDERS CORPORATION et al. 18367.Supreme Court of Georgia.SUBMITTED OCTOBER 13, 1953. DECIDED NOVEMBER 9, 1953. CANDLER, Justice. An equitable suit was brought by Frank S. Uhl against Thomas H. Walker and several others. The petition prayed for a money judgment against the defendants and for other relief. […]

262 S.E.2d 97 CHESTER v. CHESTER. 35572.Supreme Court of Georgia.SUBMITTED NOVEMBER 2, 1979. DECIDED NOVEMBER 26, 1979. REHEARING DENIED DECEMBER 4, 1979. JORDAN, Justice. Appellant Bobby Lee Chester filed suit for divorce against appellee Linda D. Chester. After hearing evidence the court entered judgment which granted a divorce to the parties, awarded custody of the […]

505 S.E.2d 467 HARRIS v. THE STATE. S98A1004.Supreme Court of Georgia. DECIDED SEPTEMBER 14, 1998. HUNSTEIN, Justice. Charles Harris was convicted of murder, felony murder, armed Page 732 robbery, theft by receiving, and two counts of firearm violations in the shooting death and robbery of Benjamin Danyali. Harris appeals from the denial of his amended […]

122 S.E.2d 522 BENNETT et al. v. BRYANT et al. 21432.Supreme Court of Georgia.SUBMITTED OCTOBER 10, 1961. DECIDED OCTOBER 24, 1961. DUCKWORTH, Chief Justice. In response to a bill of interpleader, several of the defendants therein responded to the petition and rule nisi that their claim of $2,150 or “the pro-rata share” of the $2,400 […]

171 S.E.2d 122 COTTON v. SMITH, Warden. 25378.Supreme Court of Georgia.SUBMITTED SEPTEMBER 8, 1969. DECIDED NOVEMBER 6, 1969. ALMAND, Chief Justice. The appeal here is from an order denying a petition for habeas corpus, and remanding the petitioner to the custody of the respondent. In his petition, Harry C. Cotton alleged substantially the following. He […]

22 S.E.2d 510 WOMACK et al. v. WILLIFORD et al. 14278.Supreme Court of Georgia. OCTOBER 12, 1942. REID, Chief Justice. A petition brought to the court of ordinary to set aside a judgment probating a will was appealed to the superior court, where the defendants presented their general demurrer to the petition. The demurrer was […]

507 S.E.2d 736 IN THE MATTER OF CHRISTOPHER LYLE WEEMS. S98Y1880.Supreme Court of Georgia. DECIDED: NOVEMBER 9, 1998. PER CURIAM. This disciplinary matter is before the Court on the Petition for Voluntary Discipline of the respondent, Christopher Lyle Weems. The State Bar recommends that the Court accept Weems’ Petition. Weems admits violating Standard 65 (D) […]

313 S.E.2d 465 NALLEY et al. v. SELECT INSURANCE COMPANY. 39719.Supreme Court of Georgia. ORDERED DECEMBER 5, 1983. 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 Hill, C. J., and Weltner, J., who […]

306 S.E.2d 650 TURNER v. TURNER. 40111.Supreme Court of Georgia. DECIDED SEPTEMBER 8, 1983. MARSHALL, Presiding Justice. In 1981, the appellant former wife filed an affidavit of garnishment alleging that the appellee former husband was indebted to her in the amount of $9,706.32 in child-support arrearages. The Fulton State Court entered judgment on the application […]

334 S.E.2d 183 NEWSOME v. GRAHAM. 42302.Supreme Court of Georgia. DECIDED SEPTEMBER 12, 1985. WELTNER, Justice. Graham, an inmate at Georgia State Prison, filed an action in forma pauperis alleging that correctional officers wrongfully removed his personal property from his cell. A jury returned a verdict for the defendants, and the trial court assessed costs […]

252 S.E.2d 513 THOMPSON v. CLARKSON POWER FLOW, INC. et al. 34465.Supreme Court of Georgia. ORDERED JANUARY 9, 1979. 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 certiorari be granted and that the judgment of […]

570 S.E.2d 298 VEASLEY v. THE STATE. S02A1096.Supreme Court of Georgia. Decided September 30, 2002 HUNSTEIN, Justice. Jeremy Thurmond Veasley appeals his convictions for malice murder and aggravated assault in connection with the fatal stabbing of Kelvin Banks, the aggravated assault upon Banks’ girlfriend, Patrice Drake and possession of cocaine. For the reasons that follow, […]

195 S.E.2d 900 DANIELS v. THE STATE. 27635.Supreme Court of Georgia.SUBMITTED JANUARY 9, 1973. DECIDED FEBRUARY 8, 1973. UNDERCOFLER, Justice. Lewis M. C. Daniels was convicted of the offense of armed robbery and sentenced to serve twenty years in the penitentiary. The evidence shows that the victim of the robbery and his two children were […]

221 S.E.2d 582 ROLLAND v. THE STATE. 30450.Supreme Court of Georgia.SUBMITTED OCTOBER 28, 1975. DECIDED JANUARY 6, 1976. INGRAM, Justice. Appellant was indicted, tried before a jury and convicted in Fulton Superior Court of two offenses: (1) the armed robbery of Charlie Walter Scott, by the use of a pistol, of 89 cents worth of […]

602 S.E.2d 603 SWEET v. THE STATE. S04A0906.Supreme Court of Georgia. DECIDED SEPTEMBER 13, 2004. HINES, Justice. Following a jury trial, D’Andre Tylon Sweet was convicted of malice murder and aggravated assault in connection with the fatal Page 321 shooting of Carl Scott. This Court previously affirmed the convictions, but remanded the case to the […]

283 S.E.2d 873 FOSTER v. THE STATE. 37637.Supreme Court of Georgia. DECIDED NOVEMBER 4, 1981. CLARKE, Justice. Curtis Lee Foster was convicted of the murder of Bobby Gene Powell, Chief of Police of Swainsboro, Georgia. He was sentenced to life imprisonment for the murder and an additional twelve months for violation of the Georgia Controlled […]

251 S.E.2d 526 THOMPSON et al. v. COLTER. 34191.Supreme Court of Georgia.SUBMITTED NOVEMBER 3, 1978. DECIDED JANUARY 4, 1979. NICHOLS, Chief Justice. Colter filed an action to enjoin Thompson and others from trespassing on his property and to establish the line between their properties. The jury found in favor of Colter. The motion for new […]

552 S.E.2d 837 MAREE v. PHILLIPS. S01A0950.Supreme Court of Georgia. DECIDED: SEPTEMBER 17, 2001 THOMPSON, Justice. In a previous appearance before this Court, we affirmed a judgment of the trial court ordering the sale of certain real property pursuant to an action for statutory partitioning, and dividing the proceeds equally according to the terms of […]

153 S.E.2d 723 ALDRIDGE et al. v. DIXIE FIRE CASUALTY COMPANY. 23901.Supreme Court of Georgia.ARGUED FEBRUARY 13, 1967. DECIDED FEBRUARY 23, 1967. 1. The uncontradicted evidence showing that appellant, Vera P. Aldridge, had alienated the insured property within the meaning of former Code § 56-825, applicable at the time of the loss, and no valid […]

533 S.E.2d 379 STOBBART v. THE STATE. S00A0510.Supreme Court of Georgia. DECIDED: JULY 10, 2000 HINES, Justice. Christopher Stobbart appeals his convictions for malice murder, aggravated assault, and possession of a firearm during the commission of a crime. For the reasons that follow, we affirm in part and reverse in part.[1] Page 609 Construed to […]

206 S.E.2d 458 MURPHY v. MURPHY. 28782.Supreme Court of Georgia.ARGUED APRIL 10, 1974. DECIDED MAY 21, 1974. REHEARING DENIED JUNE 12, 1974. INGRAM, Justice. This case is before the court on appeal from the order entered by the Superior Court of Fulton County on December 26, 1973, and the corrected order of the Superior Court […]

342 S.E.2d 308 THE TRAVELERS INSURANCE COMPANY v. BLAKEY. 42999.Supreme Court of Georgia. DECIDED APRIL 24, 1986. PER CURIAM. This case involves a contract of medical insurance. The facts are set out in the opinion of the Court of Appeals, Travelers Ins. Co. v. Blakey, 177 Ga. App. 1 (1) (338 S.E.2d 451) (1985), and […]

505 S.E.2d 1 THE STATE v. BELT. S97G1838.Supreme Court of Georgia. DECIDED SEPTEMBER 21, 1998. THOMPSON, Justice. We granted certiorari to the Court of Appeals in Belt v. State, 227 Ga. App. 425 (489 S.E.2d 157) (1997), to answer this question: “Whether it is reversible error for a trial court, absent a request, to fail […]

242 S.E.2d 128 DAVIS et al. v. FULTON COUNTY BOARD OF REGISTRATION ELECTIONS et al. 33171.Supreme Court of Georgia.SUBMITTED JANUARY 13, 1978. DECIDED FEBRUARY 7, 1978. PER CURIAM. The appellants instituted an action in Fulton County Superior Court against the Fulton County Board of Registration and Elections, the officers of that board, the attorney for […]

348 S.E.2d 651 KNOTTS LANDING CORPORATION v. LATHEM et al. 43231.Supreme Court of Georgia. DECIDED OCTOBER 9, 1986. RECONSIDERATIONS DENIED OCTOBER 22, 1986. SMITH, Justice. The appellees, residents of the Kingston Square subdivision in Cherokee County, sought to enjoin Knotts Landing and Allen Gould from commercially developing a tract of land adjacent to Kingston Square. […]

53 S.E.2d 895 BASS v. SEABOARD AIR LINE RAILROAD COMPANY. 16629.Supreme Court of Georgia. MAY 12, 1949. REHEARING DENIED JUNE 16, 1949. 1. If one innocently, by mistake, misrepresents to another a fact which is material, and in which the other confides, it is fraud in law, and a release executed by such other party […]

273 S.E.2d 407 IRBY et al. v. BROOKS et al. 36826.Supreme Court of Georgia.SUBMITTED NOVEMBER 7, 1980. DECIDED DECEMBER 16, 1980. BOWLES, Justice. In 1932 M. C. Parrish deeded thirty acres of a fifty-four acre tract he owned to one of his five children, Clarence. Clarence and his family lived with M. C. Parrish and […]

243 S.E.2d 888 ADAIR MORTGAGE COMPANY v. ALLIED CONCRETE ENTERPRISES, INC. 33350.Supreme Court of Georgia.ARGUED MARCH 14, 1978. DECIDED APRIL 3, 1978. HILL, Justice. This is a materialman’s lien case. Certiorari was granted to review the Court of Appeals opinion in Adair Mtg. Co. v. Allied Concrete Enterprises, 144 Ga. App. 354 (241 S.E.2d 267) […]

147 S.E.2d 324 WREDE v. BEUKE. 23314.Supreme Court of Georgia.SUBMITTED JANUARY 10, 1966. DECIDED FEBRUARY 10, 1966. MOBLEY, Justice. The appeal is from a judgment of the Superior Court of Houston County awarding custody of two minor children to the mother and giving visitation rights to the father, in a habeas corpus action based upon […]

21 S.E.2d 643 CARPENTER v. THE STATE ex rel. HAINS, solicitor-general. 14218.Supreme Court of Georgia. JULY 15, 1942. REHEARING DENIED JULY 27, 1942. 1. Where, on presentation of a petition to abate a public nuisance by injunction, an ex parte order is issued, restraining the defendant, until further order of the court, from doing the […]

680 S.E.2d 853 PASLAY v. THE STATE. No. S09A0521.Supreme Court of Georgia. DECIDED JUNE 29, 2009. HUNSTEIN, Presiding Justice. Appellant Todd Russell Paslay was convicted of malice murder, felony murder, two counts of cruelty to children in the third degree, and possession of a firearm during the commission of a crime in connection with the […]

443 S.E.2d 844 KING v. THE STATE et al. S94A0552.Supreme Court of Georgia. DECIDED JUNE 13, 1994. HUNT, Chief Justice. This appeal concerns the jurisdiction of a state court over money seized by local authorities, then delivered to federal authorities for a federal forfeiture proceeding pursuant to 21 U.S.C. § 881, the forfeiture section of […]

482 S.E.2d 344 LOWE ET AL. v. THE STATE OF GEORGIA ET AL. S96A1844.Supreme Court of Georgia. DECIDED MARCH 17, 1997 — RECONSIDERATION DENIED APRIL 3, 1997. BENHAM, Chief Justice. This appeal is from the trial court’s order granting a motion to dismiss appellants’ complaint for failure to state a claim, and denying appellants’ motion […]

299 S.E.2d 727 BORENSTEIN v. BLUMENFELD. 38933.Supreme Court of Georgia. DECIDED FEBRUARY 8, 1983. REHEARING DENIED MARCH 1, 1983. WELTNER, Justice. Regina Borenstein was named executrix under the will of her brother, Simon Silbermintz, who died in 1977. Their sister, Fela Blumenfeld, filed a caveat to the will, alleging lack of testamentary capacity and undue […]

238 S.E.2d 22 LONGSHORE v. THE STATE. 32436.Supreme Court of Georgia.SUBMITTED JUNE 17, 1977. DECIDED SEPTEMBER 6, 1977. HALL, Justice. This case questions whether Longshore, charged with murder, is subject to the jurisdiction of the superior court or the juvenile court. Longshore, aged 16, was arrested and jailed January 22, 1977, and charged with the […]

55 S.E.2d 123 WILLIAMS v. ROWE BANKING COMPANY. 16771.Supreme Court of Georgia. SEPTEMBER 15, 1949. Where a loan is made and a note and deed to secure debt with power of sale are executed, and the holder of the note and deed accepts a note from a third party in lieu of the note of […]

527 S.E.2d 189 IANICELLI v. McNEELY et al. S99A1684.Supreme Court of Georgia. DECIDED: FEBRUARY 28, 2000 SEARS, Justice. Appeal is brought from the trial court’s dismissal of appellant’s complaint due to its failure to state a claim upon which relief could have been granted. Appellant had sought mandamus, declaratory and injunctive relief in order to […]

392 S.E.2d 530 TORRES v. THE STATE. S90A0820.Supreme Court of Georgia. DECIDED JUNE 21, 1990. WELTNER, Justice. Louis Torres killed Judi Drummond by strangling her and striking her on the head. He was convicted of malice murder and sentenced to life imprisonment.[1] The evidence showed that Torres, a cocaine dealer, became angry when Drummond discussed […]

364 S.E.2d 854 EAVES et al. v. HARRIS et al. 45233.Supreme Court of Georgia. DECIDED FEBRUARY 16, 1988. HUNT, Justice. On October 16, 1987, Fulton County Commissioner A. Reginald Eaves was indicted by a federal grand jury on four counts of violations of the Hobbs Act, 18 USCA § 1951 et seq. The charges involved […]

66 S.E.2d 709 LEGGITT et al. v. ALLEN et al. 17523.Supreme Court of Georgia.SUBMITTED JULY 9, 1951. DECIDED SEPTEMBER 10, 1951. Since the constitutional question was abandoned in the Court of Appeals and the remaining questions are within the jurisdiction of that court, there was nothing in the case within the jurisdiction of the Supreme […]

252 S.E.2d 618 EARLY v. EARLY; and vice versa. 34273, 34274.Supreme Court of Georgia.ARGUED JANUARY 10, 1979. DECIDED JANUARY 31, 1979. REHEARING DENIED FEBRUARY 14, 1979. BOWLES, Justice. Appellant-wife filed a complaint in DeKalb Superior Court seeking a divorce, temporary and permanent Page 126 alimony, and attorney fees. The appellee-husband answered, and filed a counterclaim […]

185 S.E.2d 908 CROWDER v. DEPARTMENT OF STATE PARKS et al. 26641.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1971. DECIDED NOVEMBER 18, 1971. REHEARING DENIED DECEMBER 2, 1971. The defendants are immune to suit for injuries sustained by a patron of one of the State’s parks; and therefore the action was properly dismissed. ARGUED SEPTEMBER 15, […]

660 S.E.2d 373 ELLISON v. THE STATE. No. S08A0167.Supreme Court of Georgia. DECIDED APRIL 21, 2008. SEARS, Chief Justice. The appellant, Michael Ellison, appeals from the trial court’s ruling that it did not have jurisdiction to entertain Ellison’s motion to withdraw his guilty plea due to the fact that the term of court in which […]

207 S.E.2d 30 HICKS v. THE STATE. 28810.Supreme Court of Georgia.SUBMITTED APRIL 12, 1974. DECIDED JUNE 18, 1974. INGRAM, Justice. This appeal is from convictions and sentences of appellant after a trial in DeKalb Superior Court for the offenses of rape, armed robbery and burglary. Two life imprisonment sentences and a sentence of 20 years, […]

620 S.E.2d 803 ROCHEFORT v. THE STATE. S05A1413.Supreme Court of Georgia. DECIDED OCTOBER 11, 2005. CARLEY, Justice. Appellant Richard Rochefort was tried before the trial court on an accusation charging him with possession of more than 300 tablets of ephedrine, possession of methamphetamine and shoplifting. At the close of the State’s evidence, he moved for […]

152 S.E.2d 379 ANDERSON v. ANDERSON. 23761.Supreme Court of Georgia.SUBMITTED OCTOBER 12, 1966. DECIDED NOVEMBER 23, 1966. NICHOLS, Justice. 1. Where as in the case sub judice the evidence is conflicting as to all material issues in the case, the trial judge’s discretion in granting the husband a divorce, giving him custody of the child […]

61 S.E.2d 475 ROBINSON v. THE STATE. 17196.Supreme Court of Georgia. OCTOBER 11, 1950. 1. In the absence of a timely written request, it is not error for the court to omit from a charge proper instructions on the corroboration of an accomplice, where the State does not rely solely upon the testimony of the […]

345 S.E.2d 39 SHEPHERD CONSTRUCTION COMPANY v. DAVIS et al. 42770.Supreme Court of Georgia. DECIDED MAY 13, 1986. SMITH, Justice. Shepherd appeals the order of the trial court that we previously reviewed in Dept. of Transp. v. City of Atlanta, 255 Ga. 124 (337 S.E.2d 327) (1985). Shepherd filed its appeal “for protective purposes” to […]

151 S.E.2d 718 GEORGIA BAR ASSOCIATION v. LAWYERS TITLE INSURANCE CORPORATION; and vice versa. 23613, 23614.Supreme Court of Georgia.ARGUED JULY 12, 1966. DECIDED OCTOBER 6, 1966. REHEARING DENIED NOVEMBER 3, 1966. 1. Throughout the history of this state the legislative branch of government has enacted legislation appropriate and essential in aiding the judiciary in the […]

96 S.E.2d 577 POWERS v. COURSON et al. 19582.Supreme Court of Georgia.SUBMITTED JANUARY 14, 1957. DECIDED FEBRUARY 11, 1957. HAWKINS, Justice. Ed L. Powers, doing business as Ed L. Powers Contracting Company, brought his petition in Glynn Superior Court against Gaston W. Courson and Marvin Williams, individually and as business agent and president respectively of […]

195 S.E.2d 441 NELSON REALTY COMPANY, INC. v. JOINER et al. 27597.Supreme Court of Georgia.ARGUED DECEMBER 12, 1972. DECIDED JANUARY 4, 1973. UNDERCOFLER, Justice. Daniel John Alder and Marie Portario Alder filed a complaint against Jean E. Joiner, Jesse Joiner, Nelson Realty Company and others and alleged that they had entered into a contract to […]

707 S.E.2d 60 McDANIEL v. McDANIEL; and vice versa. Nos. S10A1497, S10X1498.Supreme Court of Georgia. Decided March 7, 2011. NAHMIAS, Justice. In this probate case, the propounder filed a petition for probate in solemn form to have a 2007 will declared the testator’s last will and testament. The caveator challenged the will on the grounds […]

47 S.E.2d 511 BOARD OF COMMISSIONERS OF ROADS AND REVENUES OF TWIGGS COUNTY et al. v. BOND et al. 16163.Supreme Court of Georgia. APRIL 15, 1948. Where a county has levied a tax of fifteen mills “for the support and maintenance of the public schools,” it can not, in addition thereto, levy another tax of […]

680 S.E.2d 827 TUVIM et al. v. UNITED JEWISH COMMUNITIES, INC. et al. No. S09A0006.Supreme Court of Georgia. DECIDED JUNE 15, 2009. MELTON, Justice. Mark and Reid Tuvim (the “Tuvims”), individually and as administrators of the estate of Lynn Tuvim, their deceased mother, sued United Jewish Communities, Inc. (“UJC”) and various banks, seeking injunctive relief […]

107 S.E.2d 833 JACKSON v. JACKSON. 20330.Supreme Court of Georgia.ARGUED JANUARY 15, 1959. DECIDED FEBRUARY 9, 1959. REHEARING DENIED MARCH 6, 1959. The evidence in this case demanded a finding that there had been a material change in the conditions affecting the welfare of the children involved, and the judgment finding no change in condition […]

320 S.E.2d 535 EVERETT v. THE STATE. 40998.Supreme Court of Georgia. DECIDED OCTOBER 1, 1984. PER CURIAM. Michael Shane Everett appeals from his conviction of felony murder and sentence of life imprisonment for the shooting death of Francisco Roberto Colon, hereinafter referred to as Paco.[1] Appellant enumerates four errors, his principal ground being ineffective assistance […]

226 S.E.2d 911 COLEMAN v. THE STATE. 30548.Supreme Court of Georgia.ARGUED JANUARY 12, 1976. DECIDED JUNE 22, 1976. JORDAN, Justice. Defendant Wayne Carl Coleman was indicted on September 4, 1973, by the grand jury of Seminole County and charged with six counts of murder occurring on May 14, 1973, as follows: (1) Ned Alday, (2) […]

207 S.E.2d 46 FINCH v. CITY OF ATLANTA. 28897.Supreme Court of Georgia.ARGUED MAY 15, 1974. DECIDED JUNE 18, 1974. UNDERCOFLER, Justice. George Finch, Jr., brought this equitable action to enjoin the City of Atlanta from prosecuting him for violating its zoning ordinance in maintaining a multifamily dwelling in a single family area. He contended the […]

18 S.E.2d 473 BELL et al. v. BELL. 13993.Supreme Court of Georgia. JANUARY 13, 1942. GRICE, Justice. 1. The attack, made for the first time in the bill of exceptions, that the decision excepted to was void because its effect was to deprive the plaintiffs in error of vested contract and property rights, privileges, and […]

252 S.E.2d 906 DEPARTMENT OF TRANSPORTATION v. GLENN et al. 34128.Supreme Court of Georgia.ARGUED NOVEMBER 13, 1978. DECIDED JANUARY 24, 1979. MARSHALL, Justice. We granted certiorari in the present case to determine the following question: In a condemnation case in which the jury is unable to agree on whether the condemnee is entitled to recover […]

405 S.E.2d 250 NELSON v. ZANT. S91A0524.Supreme Court of Georgia. DECIDED JUNE 25, 1991. BELL, Justice. Gary Nelson appeals from the denial of his petition for writ of habeas corpus. Nelson’s conviction and death sentence originally were affirmed by this court on direct appeal i Nelson v. State, 247 Ga. 172 (274 S.E.2d 317) (1981). […]

292 S.E.2d 686 IN THE MATTER OF BROOKS. SUPREME COURT DISCIPLINARY No. 105Supreme Court of Georgia. DECIDED JUNE 22, 1982. PER CURIAM. This disciplinary proceeding by the State Bar of Georgia against Robert D. Brooks arose from the purchase of a used car by Brooks from a Baptist minister, Reverend Gerald E. Fincher. As a […]

326 S.E.2d 735 BROWN v. FRANCIS. 41729.Supreme Court of Georgia. DECIDED MARCH 5, 1985. MARSHALL, Presiding Justice. This is a habeas corpus proceeding. The appellant, Nathan Brown, is presently under a death sentence for his participation in the armed robbery of a gas station, the kidnapping with bodily injury of the station operator, and the […]

684 S.E.2d 658 McCORD et al. v. LEE et al. No. S08G1947.Supreme Court of Georgia. DECIDED OCTOBER 19, 2009. RECONSIDERATION DENIED NOVEMBER 23, 2009. MELTON, Justice. This case regards the proper application of the statute of limitations in a medical malpractice action. In Lee v. McCord, 292 Ga. App. 707 (665 SE2d 414) (2008), the […]

404 S.E.2d 548 DOSSETT v. THE STATE. S91G0120.Supreme Court of Georgia. DECIDED MAY 10, 1991. RECONSIDERATION DENIED JUNE 26, 1991. PER CURIAM. Appellant was convicted in probate court of driving under the influence of alcohol. He appealed that conviction to superior court, which affirmed. On appeal to the Court of Appeals, appellant argued that the […]

338 S.E.2d 428 GALAXY CARPET MILLS, INC. v. MASSENGILL et al. 42691.Supreme Court of Georgia. DECIDED JANUARY 17, 1986. MARSHALL, Presiding Justice. The plaintiffs-appellees are homeowners living in close proximity to a carpet dye plant operated by the defendant-appellant. The evidence shows that the area is predominantly residential and that the plant operated for approximately […]

147 S.E.2d 429 ALLEN v. FIRST NATIONAL BANK OF ATLANTA, Administrator, et al. 23369.Supreme Court of Georgia.SUBMITTED FEBRUARY 16, 1966. DECIDED FEBRUARY 23, 1966. QUILLIAN, Justice. While the main case in which the appeal is entered is of an equitable nature, one of its facts was a suit on a promissory note. The appeal taken […]

304 S.E.2d 724 MASON et al. v. BATES. 39913.Supreme Court of Georgia. DECIDED JULY 7, 1983. MARSHALL, Presiding Justice. The question for decision in this case is whether advances made by the assignee of a junior security deed to the holder of a senior security deed, in order to protect the assignee’s secured position, are […]

709 S.E.2d 812 IN THE MATTER OF GREGORY BARTKO. No. S11Y0713.Supreme Court of Georgia. DECIDED APRIL 26, 2011. PER CURIAM. This disciplinary matter is before the Court on the petition of Gregory Bartko (State Bar No. 040476) for voluntary suspension of his license pending appeal of his felony convictions entered in the United States District […]

137 S.E.2d 637 KUTTNER v. MAY REALTY COMPANY. 22542.Supreme Court of Georgia.SUBMITTED JUNE 9, 1964. DECIDED JULY 9, 1964. QUILLIAN, Justice. The instant case involves the construction of a contract for the sale of certain shares in a corporation. The plaintiff alleges that she sold the shares to the defendant corporation for a certain stated […]