Category: Georgia Supreme Court Opinions

24 S.E.2d 41 TWILLEY v. TWILLEY. 14388.Supreme Court of Georgia. JANUARY 13, 1943. BELL, Presiding Justice. 1. In the instant suit for divorce by a wife, in which the husband filed a cross-action praying for a total divorce in his own behalf, and recovered a verdict accordingly, whether the cross-action should be construed as failing […]

83 S.E.2d 673 WALTON v. JOHNSON. 18650.Supreme Court of Georgia.SUBMITTED JULY 13, 1954. DECIDED SEPTEMBER 13, 1954. CANDLER, Justice. On November 6, 1952, and “for value received,” H. G. Walton sold and by a written instrument assigned and transferred to Herbert Johnson 95 shares of common stock in a corporation known as Kirkwood Courts Apartments, […]

66 S.E.2d 49 McBURNETT, by next friend, v. WARREN, director, etc. 17485.Supreme Court of Georgia.ARGUED JUNE 11, 1951. DECIDED JULY 10, 1951. A petition for the writ of habeas corpus by one who is being illegally deprived of his liberty must be filed in the county where the illegal detention exists and against the individual […]

470 S.E.2d 436 SMITH v. THE STATE. S96A0015.Supreme Court of Georgia. DECIDED MAY 20, 1996. CARLEY, Justice. After Marvin Smith pled guilty to two counts of murder, he did not file a timely direct appeal. He subsequently filed a motion for an out-of-time appeal, contending that trial counsel rendered ineffective assistance since Smith was not […]

173 S.E.2d 695 MITCHELL et al. v. DICKEY et al. 25656.Supreme Court of Georgia.SUBMITTED FEBRUARY 9, 1970. DECIDED MARCH 5, 1970. The complaint states a claim for relief for interference with church property rights. SUBMITTED FEBRUARY 9, 1970 — DECIDED MARCH 5, 1970. Injunction. Putnam Superior Court. Before Judge Jackson. D. D. Veal, for appellants. […]

356 S.E.2d 27 SHACKELFORD v. GREEN. 44057.Supreme Court of Georgia. DECIDED APRIL 8, 1987. CLARKE, Presiding Justice. We granted certiorari in Shackelford v. Green, 180 Ga. App. 617 (349 S.E.2d 781) (1986), to consider whether appellant has standing to appeal from a grant of summary judgment to her co-defendant. Having heard the arguments and considered […]

81 S.E.2d 808 SEYMOUR v. THE STATE. 18564.Supreme Court of Georgia.ARGUED APRIL 13, 1954. DECIDED MAY 10, 1954. CANDLER, Justice. Sylvester Seymour was indicted in Richmond County for the murder of Thomas Broome on December 23, 1952. He was twice convicted of the offense charged against him and on each conviction was sentenced to be […]

403 S.E.2d 799 WORLEY v. WHIDDON. S91G0169.Supreme Court of Georgia. DECIDED MAY 10, 1991. CLARKE, Chief Justice. In Prater v. Wheeler, 253 Ga. 649 (322 S.E.2d 892) (1984), this court established the right of a 14-year-old to choose whether to visit the noncustodial parent. We also held that the right could not be exercised in […]

77 S.E.2d 739 BURNS et al. v. RALSTON PURINA COMPANY. 18257.Supreme Court of Georgia.ARGUED JULY 13, 1953. DECIDED SEPTEMBER 15, 1953. REHEARING DENIED SEPTEMBER 28, 1953. DUCKWORTH, Chief Justice. The case as reported by the Court of Appeals in Burns v. Ralston Purina Co., 87 Ga. App. 876 (75 S.E.2d 563), discloses both in the […]

45 S.E.2d 62 JONES et al. v. NELSON. 15964.Supreme Court of Georgia. OCTOBER 15, 1947. BELL, Justice. The instant case is a companion to Guy v. Nelson, ante, and is controlled by the rulings made in that case except as to certain procedural questions, with respect to which it is here ruled as follows: 1. […]

475 S.E.2d 610 MILLER v. THE STATE. S96A0927.Supreme Court of Georgia. DECIDED SEPTEMBER 9, 1996. HINES, Justice. A Toombs County jury found Tyrone V. Miller guilty of malice murder for the fatal shooting of Cornelius Johnson, and he was sentenced to life in prison[1] . We affirm. The evidence viewed in favor of the verdict […]

196 S.E.2d 407 STEWART v. CALDWELL. 27614.Supreme Court of Georgia. DECIDED MARCH 8, 1973. The trial court did not err in remanding the appellant to custody. Judgment affirmed. All the Justices concur. DECIDED MARCH 8, 1973. Habeas corpus. Tattnall Superior Court. Before Judge Stebbins. Donald R. Stewart, pro se. Arthur K. Bolton, Attorney General, Harold […]

229 S.E.2d 419 ROSS v. THE STATE. 31129.Supreme Court of Georgia.ARGUED MAY 12, 1976. DECIDED SEPTEMBER 28, 1976. GUNTER, Justice. Appellant has come here for review of her conviction for murder and a life sentence. She has enumerated two errors: (1) the appellant was denied a fair trial because of the trial court’s charge on […]

542 S.E.2d 505 EVERCHANGED, INC. v. YOUNG et al. S01A0649.Supreme Court of Georgia. DECIDED: FEBRUARY 16, 2001. THOMPSON, Justice. Everchanged, Inc. sued Tracy Young, Turner Coves Development and Beacon Group Development, seeking money damages for breach of contract and fraud, and specific performance of an option agreement.[1] Everchanged also filed a lis pendens on real […]

42 S.E.2d 360 MULL v. ALLEN. 15762.Supreme Court of Georgia. APRIL 19, 1947. A deed wherein the description of the property sought to be conveyed is so vague and indefinite as to afford no means of identifying any particular tract of land is inoperative either as a conveyance of title or as color of title. […]

349 S.E.2d 448 BRAND v. BRADBERRY et al. 43528.Supreme Court of Georgia. DECIDED NOVEMBER 5, 1986. RECONSIDERATION DENIED NOVEMBER 25, 1986. BELL, Justice. Appellees are the co-executors of the estate of Donald Bradberry. Appellant, Janice Brand, f/k/a Bradberry, was divorced from Donald on June 25, 1980. The final divorce decree incorporated the parties’ settlement agreement, […]

706 S.E.2d 442 BAPTISTE v. THE STATE. No. S10A2004.Supreme Court of Georgia. DECIDED FEBRUARY 28, 2011. BENHAM, Justice. Appellant Gerard George Baptiste was convicted in 2003 of the felony murder of Marcos Herrera, whose body was found alongside the body of Jose Perez Garcia in a Douglas County field on November 17, 2002.[1] On appeal, […]

522 S.E.2d 219 McLEOD v. BARRETT. S99A1143.Supreme Court of Georgia. DECIDED: OCTOBER 18, 1999. HINES, Justice. Riley Hampton McLeod a/k/a Edward Patterson appeals the denial of his petition for habeas corpus in an extradition proceeding. He contends that Georgia is precluded from extraditing him to the State of Mississippi because of Mississippi’s failure to comply […]

172 S.E.2d 672 DUNCAN, nee Medlin v. MEDLIN. 25627.Supreme Court of Georgia.SUBMITTED JANUARY 13, 1970. DECIDED FEBRUARY 5, 1970. FELTON, Justice. In the full bench decision of Bugden v. Bugden, 224 Ga. 517 (162 S.E.2d 719), this court ruled unconstitutional the provision of Ga. L. 1955, pp. 630, 631, codified as Code Ann. § 30-220, […]

36 S.E.2d 793 BEDGOOD v. STEVENS. 15337.Supreme Court of Georgia. JANUARY 11, 1946. As between the parties an order of dismissal, when signed by the judge. is immediately effective. When a pending case is so dismissed and stricken from the docket, further defensive pleading is a nullity and should be treated as such when presented […]

32 S.E.2d 816 THORNTON v. HARTFORD ACCIDENT AND INDEMNITY COMPANY et al. 15007.Supreme Court of Georgia. 1945. Under the undisputed facts, a finding by the State Board of Workmen’s Compensation that the accidental injury to the employee arose out of and in the course of his employment was authorized and demanded; and the judgment of […]

7 S.E.2d 181 FURLOW, administrator, et al. v. SANDERS, executor, et al. 13122.Supreme Court of Georgia. FEBRUARY 13, 1940. Writ of error to judgment on appeal from court of ordinary on executor’s citation for settlement, held returnable to the Court of Appeals. No. 13122. FEBRUARY 13, 1940. Page 615 Construction of will. Before Judge Jackson. […]

365 S.E.2d 432 CITY OF EAST POINT et al. v. SMITH. 44913.Supreme Court of Georgia. DECIDED MARCH 10, 1988. RECONSIDERATION DENIED MARCH 30, 1988. BELL, Justice. We granted certiorari in this case to consider the Court of Appeals’ holding that the City of East Point could not require the appellee, a captain in the East […]

646 S.E.2d 219 TENNYSON v. THE STATE. No. S07A0680.Supreme Court of Georgia. DECIDED JUNE 4, 2007. CARLEY, Justice. A jury found Tommie Raquest Tennyson guilty of felony murder during the commission of aggravated assault. The trial court entered a judgment of conviction on the guilty verdict, and imposed a life sentence. Tennyson filed a motion […]

148 S.E.2d 310 GAY v. BALKCOM et al., Commissioners. 23336.Supreme Court of Georgia.ARGUED FEBRUARY 14, 1966. DECIDED MARCH 10, 1966. GRICE, Justice. This case is controlled by the decision in Gay v. Hunt, 221 Ga. 841. It presents the same issues, involving the same fines and forfeitures, as are presented in that case. Page 847 […]

259 S.E.2d 441 MOSELEY v. MOSELEY. 35081.Supreme Court of Georgia.SUBMITTED JUNE 22, 1979. DECIDED SEPTEMBER 7, 1979. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur. SUBMITTED JUNE 22, 1979 — DECIDED SEPTEMBER 7, 1979 Alimony. Bibb Superior Court. Before Judge Bell, Senior Judge. Harry F. Thompson, for appellant. Beecky C. Mixon, […]

458 S.E.2d 341 GILBERT v. R. J. TAYLOR MEMORIAL HOSPITAL, INC. S94G1311.Supreme Court of Georgia. DECIDED JUNE 26, 1995. RECONSIDERATION DENIED JULY 17, 1995. THOMPSON, Justice. A diagnostic breast biopsy was performed on Sharon Gilbert at R. J. Taylor Memorial Hospital (“hospital”) to determine the presence of cancer. In this procedure, a one centimeter nodule […]

380 S.E.2d 270 ROBINSON v. THE STATE. 46875.Supreme Court of Georgia. DECIDED JUNE 29, 1989. SMITH, Justice. The appellant, Mark W. Robinson, was convicted of the offenses of murder, possession of a knife during the commission of a crime, and child molestation for which he was sentenced to life imprisonment, five years imprisonment, and twenty […]

375 S.E.2d 605 AKINS v. WARREN. 46319.Supreme Court of Georgia. DECIDED FEBRUARY 2, 1989. RECONSIDERATION DENIED FEBRUARY 23, 1989. GREGORY, Justice. This court granted certiorari to review the holding of the Court of Appeals announced in Division 2 of Warren v. Akins, 188 Ga. App. 602 (373 S.E.2d 802) (1988). We reverse, not because of […]

207 S.E.2d 466 WANZER v. THE STATE. 28754.Supreme Court of Georgia.SUBMITTED APRIL 9, 1974. DECIDED JULY 2, 1974. REHEARING DENIED JULY 16, 1974. 1. The examination of the jurors by the trial judge showed conclusively that the unauthorized communication by the jury, through the bailiff, with the assistant district attorney had not effect on the […]

150 S.E.2d 873 MOON v. CITY OF CONYERS. 23672.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1966. DECIDED SEPTEMBER 22, 1966. The petition which alleges that a street had been continuously used by the public for more than 40 years as a public street, is still being so used, and that the city had repaired and maintained […]

373 S.E.2d 208 COLUMBUS, GEORGIA et al. v. DIAZ-VERSON et al. CHASTAIN v. DIAZ-VERSON et al. 45994, 45995.Supreme Court of Georgia. DECIDED OCTOBER 26, 1988. RECONSIDERATION DENIED NOVEMBER 22, 1988. MARSHALL, Chief Justice. Dorothea Chastain obtained a zoning change from the government of Columbus, Georgia, in order to build apartments on her property. The three […]

70 S.E.2d 360 BARGE et al. v. CAMP et al. 17801.Supreme Court of Georgia.ARGUED MARCH 11, 1952. DECIDED APRIL 16, 1952. 1. A citizen and taxpayer of a county or municipality has a pecuniary interest in the sum made up from taxes, and this interest will authorize him to maintain an action to prevent an […]

300 S.E.2d 158 STRICKLAND v. THE STATE. 39208.Supreme Court of Georgia. DECIDED FEBRUARY 23, 1983. BELL, Justice. On May 13, 1982, Strickland was convicted of the murder of his stepfather, Fred Ricks. His motion for new trial was denied on August 25, 1982, and he appeals. Strickland had been living with his mother and stepfather […]

562 S.E.2d 177 MIDKIFF v. MIDKIFF. S02A0619.Supreme Court of Georgia. DECIDED: APRIL 15, 2002. CARLEY, Justice. The parties in this divorce case were married in 1993, but not in Georgia. They lived in Florida, had three children, and moved to Germany where Husband was stationed with the military. Wife later Page 137 returned to the […]

686 S.E.2d 126 BURNETT v. SLATTER et al. No. S09A1734.Supreme Court of Georgia. DECIDED NOVEMBER 9, 2009. MELTON, Justice. This is a quiet title action regarding property located at 2166 Rollingview Drive in DeKalb County. The facts, as found by the special master and adopted by the trial court, show that, on December 23, 1975, […]

486 S.E.2d 178 BROWN v. THE STATE. S97A0433.Supreme Court of Georgia. DECIDED JUNE 30, 1997. HINES, Justice. James William Brown is under indictment for malice murder in connection with the fatal shooting of Jeff Clark. The State filed a motion in limine seeking to exclude any reference to allegations that Clark molested Brown’s five-year-old daughter. […]

300 S.E.2d 161 CITY OF CORDELE et al. v. HILL et al. 39334.Supreme Court of Georgia. DECIDED FEBRUARY 24, 1983. WELTNER, Justice. The sole question here is whether or not Mrs. Tanner’s dwelling is a “mobile home” within the meaning of the following ordinance enacted by the City of Cordele: “A Mobile Home is a […]

247 S.E.2d 68 CARSON v. THE STATE. 33480.Supreme Court of Georgia.SUBMITTED MAY 8, 1978. DECIDED JUNE 27, 1978. REHEARING DENIED JULY 21, 1978. MARSHALL, Justice. The defendant appeals from his conviction of possession of a sawed-off shotgun in violation of Code Ann. § 26-9911a (Ga. L. 1968, pp. 983, 984). Jurisdiction is in this court […]

642 S.E.2d 637 BLUE MOON CYCLE, INC. et al. v. JENKINS. No. S06G1136.Supreme Court of Georgia. DECIDED FEBRUARY 26, 2007. Reconsideration Denied April 10, 2007. HUNSTEIN, Presiding Justice. Duane Allen Jenkins, an employee of Southern Regional Automotive Consumer Consultant Agency, Inc. (“SRACCA”), arranged for one of the company’s clients to purchase a motorcycle from Blue […]

300 S.E.2d 147 WRIGHT v. THE STATE. 39362.Supreme Court of Georgia. DECIDED FEBRUARY 16, 1983. MARSHALL, Presiding Justice. The appellant, Earl Kemp Wright, was convicted of the murder of Roy Mitchell, although the evidence shows that the triggerman was the appellant’s brother, Joe Nathan Wright. The death penalty was not sought. Accordingly, the appellant was […]

571 S.E.2d 361 PHILLIPS v. THE STATE S02A0932.Supreme Court of Georgia. Decided October 15, 2002 SEARS, Presiding Justice. Appellant Eric Phillips appeals his convictions for malice murder and related crimes, resulting in a life sentence,[1] alleging that the trial court erred in overseeing voir dire, in its dealings with the jury, in numerous evidentiary rulings, […]

194 S.E.2d 440 GEORGIA POWER COMPANY v. McGRUDER. 27433.Supreme Court of Georgia.ARGUED NOVEMBER 13, 1972. DECIDED DECEMBER 4, 1972. UNDERCOFLER, Justice. Willie Mae McGruder filed a complaint against the Georgia Power Company for the wrongful death of her ten-year-old son who drowned in a pool of water located below the defendant’s dam and power plant […]

492 S.E.2d 201 DUCKWORTH v. THE STATE. S97G0197.Supreme Court of Georgia. DECIDED NOVEMBER 3, 1997. FLETCHER, Presiding Justice. Steven Ray Duckworth was convicted of driving under the Page 567 influence and other traffic-related offenses. In affirming, the Court of Appeals stated that a witness cannot be impeached by a prior inconsistent statement without laying the […]

104 S.E.2d 891 TRAMMELL v. THE STATE. 20152.Supreme Court of Georgia.SUBMITTED JULY 16, 1958. DECIDED SEPTEMBER 5, 1958. DUCKWORTH, Chief Justice. Tommie Lee Trammell was indicted, tried, and convicted in Fulton Superior Court of murder without a recommendation of mercy by the jury. A motion for new trial and an amendment thereto were thereafter filed […]

215 S.E.2d 473 In re PENDING CASES, AUGUSTA JUDICIAL CIRCUIT. 29639.Supreme Court of Georgia.ARGUED FEBRUARY 10, 1975. DECIDED APRIL 29, 1975. UNDERCOFLER, Presiding Justice. The superior court judges of the Augusta Judicial Circuit on June 26, 1974, delivered the following letter to the district attorney of that circuit: “We would like to have a list […]

271 S.E.2d 216 GWINNETT COMMERCIAL BANK et al. v. KALB et al. 36260.Supreme Court of Georgia.ARGUED JULY 7, 1980. DECIDED SEPTEMBER 4, 1980. CLARKE, Justice. We granted certiorari in this case on the question of whether or not certain evidence in defense of a suit on a note was barred by the parol evidence rule. […]

135 S.E.2d 274 HANKERSON v. THE STATE. 22327.Supreme Court of Georgia.ARGUED JANUARY 14, 1964. DECIDED FEBRUARY 6, 1964. REHEARING DENIED FEBRUARY 11, 1964. CANDLER, Justice. 1. The decision in Clark v. State, ante, controls adversely to this plaintiff in error, the exception to the judgment sustaining the constitutionality of an Act which the legislature passed […]

592 S.E.2d 673 I.D.K., INC. et al. v. FERDINAND et al. S03A1359.Supreme Court of Georgia. DECIDED FEBRUARY 2, 2004. BENHAM, Justice. This is an appeal from a judgment upholding the constitutionality of a Fulton County ordinance requiring any person working at an adult entertainment establishment that serves alcohol, including dancers, waitresses, bartenders, dishwashers, and janitors, […]

259 S.E.2d 473 BROWNING et al. v. EUROPA HAIR, INC. 35127.Supreme Court of Georgia.ARGUED JULY 11, 1979. DECIDED SEPTEMBER 10, 1979. HILL, Justice. Europa Hair, Inc., brought suit on open account against Browning et al. in the State Court of DeKalb County and filed a summons of garnishment on Browning’s bank. Browning counterclaimed for alleged […]

247 S.E.2d 100 MELTON v. BOW. 33658.Supreme Court of Georgia.ARGUED JUNE 19, 1978. DECIDED JULY 6, 1978. REHEARING DENIED JULY 21, 1978. JORDAN, Justice. This court granted certiorari to review the decision of the Court of Appeals in Melton v. Bow, 145 Ga. App. 272 (243 S.E.2d 590) (1978), a case in which Michael L. […]

254 S.E.2d 850 WESTBERRY v. DEVEREAUX. 34604.Supreme Court of Georgia.SUBMITTED FEBRUARY 23, 1979. DECIDED APRIL 5, 1979. MARSHALL, Justice. The plaintiff-appellant sued the defendant-appellee to enjoin the defendant from trespassing upon the plaintiff’s property. The defendant answered, denying that he was trespassing on the plaintiff’s property; the defendant filed a counterclaim, requesting that the land […]

42 S.E.2d 114 PROTHRO et al., executors, v. WALKER et al. 15728.Supreme Court of Georgia. FEBRUARY 5, 1947. REHEARING DENIED MARCH 20, 1947. JENKINS, Chief Justice. 1. “Where parties, in the course of the execution of a contract, depart from its terms and pay or receive money under such departure, before either can recover for […]

63 S.E.2d 358 WILLIAMS v. THE STATE. 17361.Supreme Court of Georgia. FEBRUARY 14, 1951. WYATT, Justice. 1. The plaintiff in error was convicted in the court below of rape. The only reference to the general grounds of the motion for new trial contained in the brief of the plaintiff in error is the following: “Counsel […]

469 S.E.2d 33 ASHWORTH v. STATE BOARD OF PARDONS AND PAROLES et al. S96A0286Supreme Court of Georgia. DECIDED APRIL 15, 1996 PER CURIAM. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur. Mandamus. Fulton County Superior. Before Elizabeth E. Long. Gerald G. Ashworth, for appellant. Wayne Garner, Michael J. Bowers, Attorney General, […]

312 S.E.2d 330 MOODY v. MOODY. 40664.Supreme Court of Georgia. DECIDED FEBRUARY 21, 1984. WELTNER, Justice. The former husband filed a petition under the provision of OCGA § 19-6-18 (Code Ann. § 30-220 et seq.) seeking downward modification of future child support payments. The former wife sought dismissal on the ground that the petition was […]

393 S.E.2d 681 WHALEY v. THE STATE. S90A0546.Supreme Court of Georgia. DECIDED JULY 11, 1990. RECONSIDERATION DENIED JULY 27, 1990. FLETCHER, Justice. In Kolker v. State, 260 Ga. 240 (391 S.E.2d 391) (1990), we held that the Georgia Constitution of 1983 breathed constitutional life into OCGA § 40-13-21 (a), which gives municipal courts jurisdiction over […]

711 S.E.2d 726 IN THE MATTER OF EDWARD HERMAN WARNOCK. No. S11Y1265.Supreme Court of Georgia. DECIDED JUNE 27, 2011. PER CURIAM. This disciplinary matter is before the Court on the report and recommendation of the special master, Michael G. Gray, recommending that Edward Herman Warnock (State Bar No. 738100) be disbarred. The special master found […]

563 S.E.2d 128 HALL et al. v. LOFTON et al. S02A0392.Supreme Court of Georgia. DECIDED: APRIL 29, 2002. THOMPSON, Justice. Willie Hall owned a 515-acre farm in Baker County, Georgia. On March 20, 1951, he executed a deed conveying the farm to three of his seven children, and reserving a life estate for himself. The […]

150 S.E.2d 682 WOOD v. ELLIOTT et al. 23517.Supreme Court of Georgia.ARGUED JUNE 14, 1966. DECIDED SEPTEMBER 8, 1966. QUILLIAN, Justice. The disposition of the case sub judice, insofar as the court is concerned, is definitely controlled by the ruling of Whaley v. Ellis, 209 Ga. 147 (71 S.E.2d 209), where in an ejectment case […]

347 S.E.2d 227 IN THE MATTER OF DONALD F. OLIVER. SUPREME COURT DISCIPLINARY NO. 503.Supreme Court of Georgia. DECIDED JULY 15, 1986. PER CURIAM. On March 6, 1986, Donald F. Oliver pled guilty in the United States District Court for the Northern District of Georgia to a violation of Title 21, United States Code Section […]

100 S.E.2d 909 BAKER, Warden, v. DIXON. 19885.Supreme Court of Georgia.ARGUED OCTOBER 14, 1957. DECIDED NOVEMBER 8, 1957. REHEARING DENIED NOVEMBER 26, 1957. HAWKINS, Justice. The record in this case, a habeas corpus proceeding, brought by George D. Dixon against the Warden of Clayton County Public Works Camp, discloses that Dixon pleaded guilty on May […]

520 S.E.2d 899 ZACH, INC. v. FULTON COUNTY et al. S99G0459.Supreme Court of Georgia. DECIDED: SEPTEMBER 13, 1999. CARLEY, Justice. Zach, Inc. is a non-profit corporation created by a national fraternity for the sole purpose of owning real property, which is surrounded by the campus of the Georgia Institute of Technology (Georgia Tech) and which […]

20 S.E.2d 83 WILLINGHAM v. GEORGIA POWER COMPANY. 14030.Supreme Court of Georgia. APRIL 16, 1942. BELL, Justice. 1. Where a petition in a superior court contained allegations of fact pertinent to the grant of an interlocutory injunction restraining the defendant from interfering with the plaintiff’s rights under an easement to construct and maintain lines for […]

668 S.E.2d 665 IN RE WILLIAM JERALD COOK. No. S08Z0218.Supreme Court of Georgia. DECIDED OCTOBER 6, 2008. RECONSIDERATION DENIED NOVEMBER 3, 2008. PER CURIAM. William Jerald Cook appeals from the final decision of the Board to Determine Fitness of Bar Applicants denying his application for certification of fitness to practice law. For the reasons that […]

458 S.E.2d 850 BAKER v. THE STATE. S95A0909.Supreme Court of Georgia. DECIDED JULY 14, 1995. HUNSTEIN, Justice. Eric Bernard Baker was found guilty of felony murder and possession of a firearm during the commission of a crime.[1] He appeals, and we affirm. 1. After reviewing the evidence in a light most favorable to the jury’s […]

249 S.E.2d 248 PATTERSON et al. v. PROFESSIONAL RESOURCES, INC. et al. PROFESSIONAL RESOURCES, INC. et al. v. PATTERSON et al. (two cases). 33788. 33789, 33790.Supreme Court of Georgia.ARGUED JULY 11, 1978. DECIDED OCTOBER 31, 1978. MARSHALL, Justice. This is an action by William and Frances Patterson against Professional Resources, Inc., and its registered agent, […]

686 S.E.2d 119 WASHINGTON v. THE STATE. No. S09A0887.Supreme Court of Georgia. DECIDED NOVEMBER 9, 2009. NAHMIAS, Justice. Sandy Washington was indicted along with Vernon Ryans, Jeremy Williams, and Andre Madison for malice murder, felony murder, and the possession of a firearm during the commission of a Page 154 crime, all stemming from the shooting […]

241 S.E.2d 827 BLOODWORTH et al. v. BLOODWORTH. 33127.Supreme Court of Georgia.ARGUED JANUARY 16, 1978. DECIDED JANUARY 31, 1978. UNDERCOFLER, Presiding Justice. Marie C. McPhearson Bloodworth filed her petition to probate her husband Doctor Hubert Torrey Bloodworth’s will in the Probate Court of Bibb County. He wrote the will a month after he remarried on […]

57 S.E.2d 586 MITCHELL v. STATE OF GEORGIA, by LEATHERS, Solicitor-General. 16933.Supreme Court of Georgia. FEBRUARY 13, 1950. HAWKINS, Justice. The pleadings, evidence, judgment, and assignments of error in this case being similar to those in Copeland v. Leathers, 206 Ga. 280 (56 S.E.2d 530), the decision of this court in that case is controlling […]

262 S.E.2d 785 WESTBROOK v. BOARD OF ADJUSTMENT et al. 35555.Supreme Court of Georgia.ARGUED NOVEMBER 19, 1979. DECIDED JANUARY 3, 1980. MARSHALL, Justice. The appellant’s application to rezone his lot in the Town of Trion from residential use to commercial use, for proposed use as a self-service or convenience store, was denied by the Board […]

657 S.E.2d 239 COONEY v. BURNHAM. No. S07G0307.Supreme Court of Georgia. DECIDED FEBRUARY 11, 2008. HINES, Justice. We granted certiorari to the Court of Appeals to consider the propriety of its dismissal of plaintiffs direct appeal on the ground that plaintiff was required to follow the discretionary appeal procedure in OCGA § 5-6-35 (a) (6), […]

544 S.E.2d 147 PADILLA v. THE STATE. S00A1795.Supreme Court of Georgia. DECIDED: MARCH 19, 2001. CARLEY, Justice. Christopher Price was involved in an apparent marijuana sale in the apartment of his girlfriend’s aunt when a dispute arose. Both of the prospective purchasers drew weapons, and one of them shot and killed Price. Two eyewitnesses identified […]

259 S.E.2d 92 JOHNSON v. JOHNSON. 35080.Supreme Court of Georgia.ARGUED JULY 10, 1979. DECIDED SEPTEMBER 6, 1979. PER CURIAM. The husband appeals the $500 per week alimony and child support award urging that it is excessive. He says that the award exceeds the needs of his wife and four children and reduces his spendable income […]

512 S.E.2d 272 MILLER v. THE STATE. S98A1910.Supreme Court of Georgia. DECIDED FEBRUARY 8, 1999. BENHAM, Chief Justice. Paul Miller was convicted of felony murder, with the underlying felony being burglary, in connection with the death of Riley Lashley.[1] Page 742 On February 9, 1990, a masked man armed with a gun entered the Lashley […]

146 S.E.2d 628 ROBBINS v. ROBBINS. 23255.Supreme Court of Georgia.ARGUED DECEMBER 13, 1965. DECIDED JANUARY 6, 1966. DUCKWORTH, Chief Justice. The errors complained of by the appellant-respondent to the application for citation for contempt are to the overruling of the demurrers, general and special, oral motions to dismiss the application and to strike certain paragraphs […]

533 S.E.2d 57 VOLLRATH v. COLLINS S00A0279.Supreme Court of Georgia. DECIDED: JULY 10, 2000 CARLEY, Justice. In January of 1999, the three members of the Board of Commissioners of Fannin County unanimously voted to retain Lynn Doss in the position of county attorney. Cline Bowers, who is the former Chairman of the Board of Commissioners, […]

359 S.E.2d 898 UNIVERSAL SECURITY INSURANCE COMPANY v. LOWERY. 44505.Supreme Court of Georgia. DECIDED SEPTEMBER 9, 1987. WELTNER, Justice. We granted certiorari in Universal Security Ins. Co. v. Lowery, 182 Ga. App. 125 (354 S.E.2d 840) (1987), in order to consider the adequacy of corroboration required by OCGA § 33-7-11 (b) (2). The facts are […]

695 S.E.2d 268 PRESLEY v. THE STATE. No. S08G1152.Supreme Court of Georgia. DECIDED JUNE 1, 2010. HINES, Justice. In Presley v. State, 285 Ga. 270 (674 SE2d 909) (2009) (“Presley II“), a majority of this Court affirmed the judgment of the Court of Appeals in Presley v. State, 290 Ga. App. 99 (658 SE2d 773) […]

184 S.E.2d 580 WATSON v. STYNCHCOMBE. 26747.Supreme Court of Georgia.ARGUED SEPTEMBER 16, 1971. DECIDED OCTOBER 8, 1971. HAWES, Justice. The appeal was docketed in this court on August 3, 1971. The appellant’s enumeration of errors was not filed until August 31, 1971. Rule 14 (a) of the Rules of the Supreme Court of the State […]

144 S.E.2d 512 HEWLETT v. HEWLETT. 23136.Supreme Court of Georgia.SUBMITTED SEPTEMBER 15, 1965. DECIDED SEPTEMBER 22, 1965. In a suit for divorce and alimony an order awarding attorney’s fees and expenses of litigation after a verdict for divorce and permanent alimony has been rendered in the cause is utterly void where the court, as here, […]

167 S.E.2d 588 ESTES v. PERKINS, Warden. 25144.Supreme Court of Georgia.SUBMITTED APRIL 15, 1969. DECIDED APRIL 24, 1969. REHEARING DENIED MAY 8, 1969. FRANKUM, Justice. The appeal here is from the judgment and order of the Superior Court of Baldwin County in a habeas corpus proceeding in which the court refused to discharge the applicant […]

273 S.E.2d 9 WILSON v. THE STATE. 36242.Supreme Court of Georgia.ARGUED JUNE 2, 1980. DECIDED NOVEMBER 14, 1980. HILL, Justice. On April 4, 1978, Shirley Ann Johnson, an employee of a Waycross Zippy Mart, was found at the entrance to the store. She had been stabbed over 50 times and died a few hours later. […]

254 S.E.2d 371 BROWN v. BROWN. 34699.Supreme Court of Georgia.SUBMITTED MARCH 16, 1979. DECIDED APRIL 4, 1979. HILL, Justice. Harry Marlon Brown, the father of Jason Brown, appeals that portion of the divorce decree entered by the Superior Court of Hall County which granted custody of his minor child to the child’s mother. He enumerates […]

31 S.E.2d 50 BLAKEMAN v. HARWELL, executor, et al. 14915.Supreme Court of Georgia.JULY 7, 1944. REHEARING DENIED JULY 21, 1944. 1. The grounds of disqualification enumerated in the Code, § 24-102, are exclusive. (a) No Justice of the Supreme Court, merely because he is a member of the Masonic order, is disqualified from participating in […]

202 S.E.2d 459 MOYE v. CALDWELL. 28214.Supreme Court of Georgia. DECIDED OCTOBER 4, 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 the Justices […]

15 S.E.2d 868 BOONE v. BOONE. 13805.Supreme Court of Georgia. JULY 8, 1941. 1. The verdict in favor of plaintiff for a divorce is supported by evidence. The special grounds complaining of portions of the charge and of failure to charge relating to the evidence are without merit. 2. Where in a suit for divorce […]

676 S.E.2d 227 VEREEN v. DEUTSCHE BANK NATIONAL TRUST COMPANY et al. No. S09A0296.Supreme Court of Georgia. DECIDED APRIL 28, 2009. SEARS, Chief Justice. The appellant, Solomon Vereen, appeals from the trial court’s judgment ruling that Vereen’s action against the appellees was barred by res judicata and from its award of attorney fees to the […]

710 S.E.2d 130 AVREN v. GARTEN (two cases). Nos. S11A0064, S11A0688.Supreme Court of Georgia. DECIDED MAY 16, 2011. BENHAM, Justice. Appellant Jody Avren (Mother) and appellee Jay Garten (Father) were divorced in 2003. These appeals are from their most recent post-divorce litigation. In April 2010, the trial court found Mother in contempt of previous court […]

238 S.E.2d 77 DUNN v. THE STATE. 32461.Supreme Court of Georgia.SUBMITTED JUNE 24, 1977. DECIDED SEPTEMBER 7, 1977. UNDERCOFLER, Presiding Justice. R. R. Dunn was tried and convicted by a jury of discharging a firearm on Sunday not in defense of person or property contrary to Code Ann. § 26-9919a. He challenged the accusation by […]

111 S.E.2d 72 HOLLIS, Administratrix, v. MAXWELL et al. 20593.Supreme Court of Georgia.ARGUED SEPTEMBER 14 AND 15, 1959. DECIDED OCTOBER 13, 1959. REHEARING DENIED NOVEMBER 4, 1959. 1. As against the demurrers of the defendant, the petition set forth a cause of action to enforce a parol contract to adopt the plaintiffs as the children […]

467 S.E.2d 886 LIVINGSTON v. THE STATE S95A1932Supreme Court of Georgia. DECIDED MARCH 15, 1996 RECONSIDERATION DENIED MARCH 28, 1996. BENHAM, Chief Justice. This appeal is from Livingston’s conviction for aggravated assault on a police officer. It came to this court seeking construction of the Fifth Amendment to the U.S. Constitution and asserting various errors […]

559 S.E.2d 472 PATTERSON v. THE STATE. No. S01A1327.Supreme Court of Georgia. DECIDED: FEBRUARY 4, 2002. BENHAM, Justice. Because he had done some yard work for Gladys Windsor, Jerry Patterson was questioned about her murder. Based on Patterson’s admission during that interview that he had gone to the mobile home park where the murder occurred […]

414 S.E.2d 481 MAYS v. THE STATE. S91G1446.Supreme Court of Georgia. DECIDED MARCH 20, 1992. FLETCHER, Justice. In June of 1989, appellant was arrested on a charge of possession of cocaine with intent to distribute. On December 4, 1989, appellant pled guilty to the June 1989 offense (“June offense”) and, under Article 3, Chapter 8, […]

193 S.E.2d 820 PITTMAN v. THE STATE. 27445.Supreme Court of Georgia.SUBMITTED SEPTEMBER 12, 1972. DECIDED OCTOBER 23, 1972. JORDAN, Justice. Pittman appeals his conviction and sentence for armed robbery pursuant to a plea of guilty. Page 657 The transcript of the hearing before the trial judge discloses that the accused was present with counsel, that […]

249 S.E.2d 605 BRYAN v. BRYAN. 33803.Supreme Court of Georgia.SUBMITTED JULY 7, 1978. DECIDED SEPTEMBER 8, 1978. BOWLES, Justice. This appeal is from a jury verdict and judgment entered thereon granting a divorce to the parties, awarding appellant custody of the parties’ minor child and $50 per month child support; and awarding certain jointly titled […]