Category: Georgia Supreme Court Opinions

240 S.E.2d 824 CRAWFORD v. THE STATE (two cases). 32910, 32911.Supreme Court of Georgia.SUBMITTED OCTOBER 14, 1977. DECIDED NOVEMBER 15, 1977. REHEARING DENIED DECEMBER 6, 1977. HILL, Justice. After a jury found she was competent to be tried, the defendant was found guilty of the murder of her 16-year-old cousin and was sentenced to life […]

260 S.E.2d 315 ALLRIGHT PARKING OF GEORGIA, INC. et al. v. JOINT CITY-COUNTY BOARD OF TAX ASSESSORS FOR THE CITY OF ATLANTA-COUNTY OF FULTON et al; and vice versa. 34961, 34998.Supreme Court of Georgia.ARGUED JUNE 11, 1979. DECIDED SEPTEMBER 7, 1979. REHEARING DENIED SEPTEMBER 27, 1979. MARSHALL, Justice. Allright Parking of Georgia, Inc. (Allright) brought […]

631 S.E.2d 675 WIDNER v. THE STATE (two cases). S06A0443, S06A1547.Supreme Court of Georgia. DECIDED JUNE 26, 2006. MELTON, Justice. Viewed in the light most favorable to the verdict, the record shows that, on December 29, 2002, Joshua Ray Widner, who was eighteen years old at the time, admittedly engaged in acts of oral sex […]

635 S.E.2d 146 WILLIAMS v. THE STATE. No. S06P0675.Supreme Court of Georgia. DECIDED SEPTEMBER 18, 2006. RECONSIDERATION DENIED OCTOBER 16, 2006. HINES, Justice. Joseph Williams was indicted for malice murder and felony murder in connection with the death of Michael Deal.[1] Williams pled guilty to malice murder, and the trial court, on the State’s motion, […]

485 S.E.2d 723 PAYNE v. CHATMAN ET AL. S97A0252.Supreme Court of Georgia. DECIDED APRIL 28, 1997. HUNSTEIN, Justice, This is an appeal from an action contesting a primary election that was brought by appellant Cuyler Payne against appellee Richard Page 874 Chatman and others[1] following the primary election in Wilkinson County on July 9, 1996. […]

244 S.E.2d 852 HILL v. DAVIS et al. (two cases). 33386, 33387.Supreme Court of Georgia.ARGUED MARCH 15, 1978. DECIDED APRIL 18, 1978. PER CURIAM. This dispute challenges the acts of the officers of the Richmond County Property Owners Association in wrongfully removing appellant from his position as a member and director of the association and […]

531 S.E.2d 103 WADE v. WADE. S00A0489.Supreme Court of Georgia. DECIDED: May 30, 2000. HUNSTEIN, Justice. Appellant Jessica Wade and appellee Zachary Wade were married in 1996. Their son was born later that same year. In 1998, appellant filed an action for divorce and was granted temporary custody of the child, although the parties shared […]

221 S.E.2d 413 ALBERT v. THE STATE. PULLIN v. THE STATE. 30339, 30340.Supreme Court of Georgia.SUBMITTED SEPTEMBER 19, 1975. SUBMITTED OCTOBER 6, 1975. DECIDED NOVEMBER 24, 1975. NICHOLS, Chief Justice. Eddie L. Albert, Ralph Pullin, Jr. and Clarence J. Baker were jointly indicted and jointly tried for the offense of murder. Upon conviction Albert and […]

349 S.E.2d 707 GRADOUS v. BOARD OF COMMISSIONERS OF RICHMOND COUNTY. 43567.Supreme Court of Georgia. DECIDED NOVEMBER 12, 1986. CLARKE, Presiding Justice. This is a zoning case. The issue is whether the trial court erred in upholding the governing authority’s failure to rezone appellant’s property. We find no error and affirm. Ms. Gradous owns approximately […]

699 S.E.2d 22 SPONSLER v. SPONSLER. No. S10F0299.Supreme Court of Georgia. DECIDED JUNE 28, 2010. RECONSIDERATION DENIED JULY 26, 2010. MELTON, Justice. Following a bench trial, Jeffery Sponsler (Husband) and April Sponsler (Wife) were divorced pursuant to a Final Judgment and Decree of Divorce entered on June 16, 2009. The final decree was based, in […]

10 S.E.2d 920 SOVEREIGN CAMP WOODMEN OF THE WORLD v. NORMAN. 13227.Supreme Court of Georgia. SEPTEMBER 27, 1940. REHEARING DENIED OCTOBER 15, 1940. ATKINSON, Presiding Justice. The case came to this court from the Court of Appeals on writ of certiorari. The defendant in certiorari made a motion in this court to dismiss the case, […]

396 S.E.2d 215 TOWNS v. THE STATE. S90A0835.Supreme Court of Georgia. DECIDED SEPTEMBER 27, 1990. HUNT, Justice. Howard Towns was convicted of the felony murder of Stinson White and sentenced to life imprisonment.[1] He appeals, enumerating as error the sufficiency of the evidence, the admission into evidence of similar crimes, and the trial court’s charge […]

214 S.E.2d 667 JONES v. JONES. 29326.Supreme Court of Georgia.SUBMITTED OCTOBER 18, 1974. DECIDED FEBRUARY 25, 1975. GUNTER, Justice. This appeal is from a judgment that changed custody of a minor child from the father to the mother. The father had been awarded permanent custody of the child by a judgment entered August 29, 1973, […]

289 S.E.2d 765 ZANT v. HILL. 38415.Supreme Court of Georgia. DECIDED APRIL 7, 1982. WELTNER, Justice. Hill was convicted of murder and rape in the Superior Court of Baldwin County. He received a sentence of death for the murder and a life sentence for the rape. He subsequently petitioned the Superior Court of Butts County […]

225 S.E.2d 309 BRYANT v. THE STATE. 30910.Supreme Court of Georgia.ARGUED MARCH 8, 1976. DECIDED MAY 5, 1976. JORDAN, Justice. This appeal is from a conviction of murder and a life sentence. Appellant appeals the overruling of his motion for new trial on the general grounds and on the trial court’s failure to conduct an […]

86 S.E.2d 1 ATLANTIC COAST LINE RAILROAD COMPANY et al. v. CLINARD. 18819.Supreme Court of Georgia.ARGUED JANUARY 10, 1955. DECIDED JANUARY 17, 1955. REHEARING DENIED FEBRUARY 17, 1955. Cases over which the Court of Appeals has jurisdiction can be transferred to the Supreme Court for decision, under the last sentence in article VI, section II, […]

651 S.E.2d 711 KING v. THE STATE. No. S07A1354.Supreme Court of Georgia. DECIDED OCTOBER 9, 2007. CARLEY, Justice. Gabriel Jenkins died at the age of 13 months. The autopsy showed that he suffered blunt force trauma to his abdomen, resulting in hemorrhage and peritonitis. The child’s body also displayed bruises on his face, chest, back, […]

20 S.E.2d 254 THORNTON v. McELROY. 14092.Supreme Court of Georgia. APRIL 16, 1942. REHEARING DENIED MAY 20, 1942. 1. The act of the General Assembly creating the board of commissioners of roads and revenues for Clayton County (Ga. L. 1910, p. 256) provides that the “commissioners shall be freeholders and qualified voters of said county […]

516 S.E.2d 780 IN THE MATTER OF WARREN ALLEN EVANS S99Y0130.Supreme Court of Georgia. DECIDED: JUNE 1, 1999. PER CURIAM. This disciplinary matter is before the Court on the Petition for Voluntary Discipline of the respondent, Warren Allen Evans. The State Bar recommends that the Court accept Evans’ petition in which he requests a three-year […]

439 S.E.2d 490 O’NEAL v. WILKES. S93A1621.Supreme Court of Georgia. DECIDED FEBRUARY 7, 1994. RECONSIDERATION DENIED FEBRUARY 25, 1994. FLETCHER, Justice. In this virtual adoption action, a jury found that appellant Hattie O’Neal had been virtually adopted by the decedent, Roswell Cook. On post-trial motions, the court granted a judgment notwithstanding the verdict to appellee […]

74 S.E.2d 661 RINZLER et al. v. FOLSOM. 18048.Supreme Court of Georgia.SUBMITTED JANUARY 15, 1953. DECIDED FEBRUARY 9, 1953. REHEARING DENIED FEBRUARY 25, 1953. On the hearing of an application for interlocutory injunction, brought by the owner of an improved real-estate lot against the owners of the upper adjoining lot, to restrain the defendants from […]

107 S.E.2d 181 MATHEW v. ELLIS et al., Commissioners. 20277.Supreme Court of Georgia.SUBMITTED JANUARY 12, 1959. DECIDED FEBRUARY 6, 1959. CANDLER, Justice. This is a mandamus proceeding, and the only question presented for decision is whether or not the Board of County Commissioners in and for Jeff Davis County are authorized to have the books […]

670 S.E.2d 68 MORELAND et al. v. AUSTIN et al. No. S08G0498.Supreme Court of Georgia. DECIDED NOVEMBER 3, 2008. RECONSIDERATION DENIED DECEMBER 15, 2008. THOMPSON, Justice. We granted a writ of certiorari to the Court of Appeals i Austin v. Moreland, 288 Ga. App. 270 (653 SE2d 347) (2007), to determine whether, in a medical […]

366 S.E.2d 670 DAVIS v. STOVER. 45181.Supreme Court of Georgia. DECIDED APRIL 7, 1988. SMITH, Justice. We granted certiorari in Davis v. Stover, 184 Ga. App. 560 (362 S.E.2d 97) (1987), to decide whether a medical malpractice action against a company physician is barred by the exclusive remedy provision of the Workers’ Compensation Act, OCGA […]

298 S.E.2d 490 PLAIR v. THE STATE. 39219.Supreme Court of Georgia. DECIDED JANUARY 4, 1983. MARSHALL, Presiding Justice. John Ell Plair appeals from his conviction of malice murder, for which he received a life sentence. 1. There was evidence from which the jury was authorized to find the following. The 24-year-old defendant lived in the […]

434 S.E.2d 469 HENRY v. THE STATE. S93A1045.Supreme Court of Georgia. DECIDED SEPTEMBER 20, 1993. RECONSIDERATION DENIED OCTOBER 8, 1993. CLARKE, Chief Justice. This case arises on an interlocutory appeal of the denial of appellant’s pretrial motion to dismiss. Appellant Robert Jeffrey Henry was arrested on December 16, 1991, and was indicted on murder charges […]

66 S.E.2d 51 SUMMER, by guardian, v. BOYD. 17498.Supreme Court of Georgia.SUBMITTED JUNE 11, 1951. DECIDED JULY 9, 1951. 1. It was error requiring the grant of a new trial for the court to refuse a timely written request to charge as follows: “One is insane who has not strength of mind and reason equal […]

197 S.E.2d 352 PEOPLES BANK OF LAGRANGE v. NORTH CAROLINA NATIONAL BANK. 27668.Supreme Court of Georgia.ARGUED FEBRUARY 12, 1973. DECIDED APRIL 13, 1973. GUNTER, Justice. This case comes here by the grant of a writ of certiorari to the Court of Appeals so that we might review its 5-4 decision interpreting the Civil Practice Act […]

208 S.E.2d 832 DeFREESE v. THE STATE. 28831.Supreme Court of Georgia.SUBMITTED APRIL 19, 1974. DECIDED SEPTEMBER 17, 1974. 1. The court did not err in denying the appellant’s motion to suppress evidence alleged to have been obtained in violation of his rights announced in Miranda v. Arizona, 384 U.S. 436 (86 S.C. 1602, 16 L.Ed.2d […]

398 S.E.2d 547 THE STATE v. MILLER. S90A1172.Supreme Court of Georgia. DECIDED DECEMBER 5, 1990. RECONSIDERATION DENIED DECEMBER 19, 1990. CLARKE, Chief Justice. Shade Miller, Jr. was arrested for violating OCGA § 16-11-38 when he appeared in public wearing the traditional regalia of the Ku Klux Klan (“Klan”), including a mask that covered his face. […]

85 S.E.2d 771 DUNCAN et al. v. ENTREKIN et al. 18794.Supreme Court of Georgia.ARGUED JANUARY 12, 1955. DECIDED FEBRUARY 14, 1955. CANDLER, Justice. This is a suit to enjoin the operation of a kindergarten in an unincorporated part of DeKalb County which was zoned as a residential district in 1946. At an interlocutory hearing the […]

197 S.E.2d 367 LARKINS v. THE STATE. 27744.Supreme Court of Georgia.SUBMITTED FEBRUARY 12, 1973. DECIDED APRIL 13, 1973. HAWES, Justice. James Washington Larkins was convicted of rape and sentenced to life imprisonment. He appeals, enumerating 13 grounds of alleged error. 1. In ground 1 appellant contends that the court erred in allowing a witness for […]

257 S.E.2d 528 GORDON v. GORDON. 34935.Supreme Court of Georgia.ARGUED JUNE 11, 1979. DECIDED JULY 2, 1979. HILL, Justice. This is an appeal from an order granting temporary alimony, medical and dental expense reimbursement, and attorney fees on account following a rule nisi hearing. Wanda Faye Fuller Gordon filed suit for divorce in Fulton County […]

156 S.E.2d 41 EMPIRE MORTGAGE INVESTMENT COMPANY v. DUNAWAY. 24020.Supreme Court of Georgia.ARGUED APRIL 13, 1967. DECIDED JUNE 8, 1967. REHEARING DENIED JUNE 27, 1967. The pleadings and the evidence in support of the motion for summary judgment do not show that the appellant is entitled to judgment as a matter of law, and the […]

592 S.E.2d 852 IN THE MATTER OF HAROLD MICHAEL HARVEY. S04Y0520.Supreme Court of Georgia. DECIDED FEBRUARY 16, 2004. PER CURIAM. This disciplinary matter is before the Court pursuant to the Report and Recommendation of a special master appointed after the State Bar filed a Motion for Contempt. Regarding that motion, the special master found that […]

287 S.E.2d 23 MUSGROVE et al. v. LONG. 38082.Supreme Court of Georgia. DECIDED FEBRUARY 9, 1982. WELTNER, Justice. This is an appeal from the grant of a directed verdict in favor of the defendant in an action for specific performance. The parties entered into a contract which provided: “The exclusive option granted hereunder shall be […]

223 S.E.2d 667 LITTLE v. HOPPER. 30494.Supreme Court of Georgia.SUBMITTED NOVEMBER 7, 1975. DECIDED FEBRUARY 11, 1976. GUNTER, Justice. We granted appellant’s application to review an adverse habeas corpus judgment that remanded him to custody. Appellant was convicted of murder in the Superior Court of Cherokee County on September 19, 1972, and sentenced to life […]

230 S.E.2d 311 BAILEY v. THE STATE. 31610.Supreme Court of Georgia.SUBMITTED OCTOBER 8, 1976. DECIDED NOVEMBER 3, 1976. UNDERCOFLER, Presiding Justice. Appellant was convicted of rape and kidnapping. He was sentenced to four-year terms on each count to run concurrently. He appeals, citing error by the trial court in failing to allow counsel to approach […]

353 S.E.2d 517 CLAY v. THE STATE. 44115.Supreme Court of Georgia. DECIDED MARCH 12, 1987. WELTNER, Justice. Kevin Clay was convicted of the malice murder of Brian Carroll and was sentenced to life imprisonment.[1] Clay and Carroll worked on the same shift at a manufacturing plant. The two quarreled. Without warning, Clay struck Carroll on […]

290 S.E.2d 97 TUCKER v. THE STATE. 38318.Supreme Court of Georgia. DECIDED APRIL 13, 1982. HILL, Presiding Justice. Juanita “Gail” Harden Tucker was convicted of the murder of John Henry “Horace” Butts and received a life sentence. The state showed that the defendant and the victim were sitting in his car outside a local grocery […]

242 S.E.2d 128 BROWN v. ROOKS. 33156.Supreme Court of Georgia.SUBMITTED JANUARY 17, 1978. DECIDED FEBRUARY 7, 1978. PER CURIAM. The issues presented in this case are similar to those treated in the first division of this court’s decision in Trust Page 675 Invest. c. Co. v. First Ga. Bank, 238 Ga. 309 (232 S.E.2d 828) […]

307 S.E.2d 661 LESESNE et al. v. MAST PROPERTY MANAGEMENT, INC. et al. 40080.Supreme Court of Georgia. DECIDED OCTOBER 4, 1983. REHEARING DENIED OCTOBER 25, 1983. MARSHALL, Presiding Justice. The present imbroglio arises from a dispute between limited and general partners of Island Retreat, Ltd., which is a limited partnership organized for the purpose of […]

192 S.E.2d 907 CLENNEY v. THE STATE. 27330.Supreme Court of Georgia.ARGUED JULY 10, 1972. DECIDED OCTOBER 5, 1972. There is no merit in the enumerated errors concerning the conviction of the appellant for the offense of armed robbery, and that conviction is affirmed. Because of the admission of illegal evidence of prior convictions at the […]

609 S.E.2d 337 FLETCHER v. ELLENBURG et al. S05A0396.Supreme Court of Georgia. DECIDED FEBRUARY 21, 2005. THOMPSON, Justice. In this case involving the construction of a will, the probate court determined that a specific devise of real property which was not owned at the time of death of testatrix is adeemed. We affirm. In 1961 […]

33 S.E.2d 711 JACKSON v. SANDERS, et al. 15104.Supreme Court of Georgia. APRIL 5, 1945. The evidence authorized the verdict. There was no error in overruling the demurrers in the failure to give the instructions complained of, in the excerpts from the charge complained of, in overruling the motion to strike the demise, nor in […]

87 S.E.2d 395 ZELLNER, administratrix, v. HALL. 18917.Supreme Court of Georgia.ARGUED APRIL 11, 1955. DECIDED MAY 9, 1955. HAWKINS, Justice. This is the second appearance of this case in this court. For a statement of the nature of the case and of the facts concerning the various transactions involved, and the law applicable thereto, see […]

259 S.E.2d 65 MORRIS v. MORRIS. 34907.Supreme Court of Georgia.ARGUED MAY 15, 1979. DECIDED SEPTEMBER 6, 1979. HILL, Justice. This appeal raises the question of the constitutionality of the retroactive application of the “live in lover” Act. These parties were divorced by decree entered February 6, 1975, which incorporated a separation agreement providing periodic alimony […]

489 S.E.2d 806 THE STATE v. LAROCQUE S97G0631.Supreme Court of Georgia. DECIDED SEPTEMBER 15, 1997. THOMPSON, Justice. In this case of first impression, we are called upon to clarify the nature of a continuing objection. While Georgia courts have long recognized the use of continuing objections, see, e.g., Jackson v. State, 256 Ga. 536 (350 […]

163 S.E.2d 704 DEPARTMENT OF AGRICULTURE v. QUALITY FOOD PRODUCTS, INC.; and vice versa. 24727, 24728.Supreme Court of Georgia.ARGUED JULY 9, 1968. DECIDED SEPTEMBER 24, 1968. 1. Nothing contained in the Act approved April 5, 1961 (Ga. L. 1961, p. 501 et seq.) or in Code § 42-511 prohibits the sale of “filled milk” in […]

392 S.E.2d 520 THOMAS v. THE STATE. S90A0529.Supreme Court of Georgia. DECIDED JUNE 21, 1990. SMITH, Presiding Justice. The State sought the death penalty against appellant Tony Jerald Thomas for the murder of Kenneth Overstreet.[1] After the jury returned guilty verdicts on all the charges, but before sentencing, the appellant and the State entered into […]

642 S.E.2d 852 MATTHEWS et al. v. CROWDER et al. No. S06A2137.Supreme Court of Georgia. DECIDED MARCH 28, 2007. HINES, Justice. Johnny Matthews, and others, appeal from the grant of summary judgment to Jefferson Crowder, and others, in this dispute over ownership of an 80-acre tract of land in Paulding County. Finding that the grant […]

157 S.E.2d 279 MAY et al. v. CITIZENS SOUTHERN BANK OF LAGRANGE, Executor, et al. 24265.Supreme Court of Georgia.ARGUED SEPTEMBER 12, 1967. DECIDED SEPTEMBER 21, 1967. UNDERCOFLER, Justice. The Citizens Southern Bank of LaGrange, Ga., as executor under the will of Mrs. Ida Lou Andrews Winn, brought a declaratory judgment action against the devisees and […]

596 S.E.2d 123 HOLLAND v. HOLLAND et al. S04A0382.Supreme Court of Georgia. DECIDED APRIL 27, 2004. BENHAM, Justice. This appeal is from the denial of a motion for judgment notwithstanding the verdict following a jury verdict denying probate to the last will and testament of Edd Holland. Edd’s son Arnold, as executor, propounded the will […]

599 S.E.2d 173 WALLS et al. v. WALLS et al. S04A0419.Supreme Court of Georgia. DECIDED JULY 12, 2004. HINES, Justice. This Court granted an interlocutory appeal in this divorce case to determine whether the adult adoption of John Walls by Cathy L. Conner operated to terminate the intervention of his parents in the custody determination […]

74 S.E.2d 453 KIRKLAND v. KIRKLAND. 18053.Supreme Court of Georgia.SUBMITTED JANUARY 15, 1953. DECIDED FEBRUARY 9, 1953. HAWKINS, Justice. Christine Woods Kirkland brought her petition to have John Claude Kirkland adjudged in contempt for failure to pay her an amount alleged to be due as alimony under a decree of the court based upon a […]

646 S.E.2d 48 DUTY FREE AIR SHIP SUPPLY CO./FRANKLIN WILSON AIRPORT CONCESSION, INC. v. CITY OF ATLANTA et al. No. S07A0265.Supreme Court of Georgia. Decided May 14, 2007. Reconsideration Denied June 25, 2007. MELTON, Justice. In April 2002, using a procedure for solicitation of competitive sealed proposals, the City of Atlanta issued a Request for […]

30 S.E.2d 484 JARVIS v. THE STATE. 14861.Supreme Court of Georgia. JUNE 6, 1944. JENKINS, Presiding Justice. Jarvis was convicted in the criminal court of Fulton County for a violation of the criminal provisions of the usury statutes. His certiorari to the superior court was sanctioned, and subsequently overruled, and that judgment was affirmed by […]

295 S.E.2d 63 JOHNSON v. ZANT. 38819.Supreme Court of Georgia. DECIDED SEPTEMBER 10, 1982. SMITH, Justice. Johnnie Johnson appeals the denial of his petition for a writ of habeas corpus. Johnson is under sentence of death for murder. He received in the same trial a twenty-year sentence for kidnapping, ten years for aggravated assault, and […]

183 S.E.2d 761 HARRISON et al. v. AROGETI et al. 26512.Supreme Court of Georgia.ARGUED MAY 10, 1971. DECIDED SEPTEMBER 8, 1971. REHEARING DENIED SEPTEMBER 27, 1971. The Planning Commission of DeKalb County having recommended to the board of commissioners of roads and revenues that the application of the plaintiffs to rezone their property be granted […]

535 S.E.2d 243 SCHULTEN, WARD TURNER, LLP v. FULTON-DeKALB HOSPITAL AUTHORITY et al. S00A0772.Supreme Court of Georgia. DECIDED: SEPTEMBER 11, 2000. Appeal from Fulton County Superior Court, Trial Judge: Hon. Alice Bonner, Date of Judgment Appealed: 10-08-99, Notice of Appeal Date: 10-25-99, Lower Ct#:1999CV13547 Attorneys for Appellant: Schulten, Ward Turner, David L. Turner, Lea B. […]

304 S.E.2d 716 SMITH v. THE STATE. 39715.Supreme Court of Georgia. DECIDED JULY 7, 1983. SMITH, Justice. Gernard Smith was convicted in Chatham County of murder and given a life sentence. On appeal, Smith makes several contentions, involving admissibility of evidence, skips in the trial transcript, jury instructions, and state funds for independent psychiatric evaluations. […]

216 S.E.2d 855 LAVENDER v. THE STATE. 29931.Supreme Court of Georgia.ARGUED MAY 13, 1975. DECIDED JUNE 17, 1975. HALL, Justice. This is an out-of-time appeal granted by the superior court pursuant to an order of the United States District Court, Northern District of Georgia, dated January 10, 1975, from Lavender’s 1968 murder conviction. The law […]

227 S.E.2d 243 DUNN v. FRANK MILLER ASSOCIATES, INC. 31146.Supreme Court of Georgia.ARGUED MAY 11, 1976. DECIDED JUNE 30, 1976. REHEARING DENIED JULY 15, 1976. PER CURIAM. Frank Miller Associates, Inc., t/a Snelling and Snelling, brought a complaint against Mary C. Dunn alleging that: the plaintiff operates an employment agency; the defendant signed a contract […]

207 S.E.2d 73 CLEMENTS v. HOPPER. 28791.Supreme Court of Georgia. DECIDED MAY 21, 1974. NOTE: PURSUANT TO DIRECTION FROM THE SUPREME COURT AN OPINION WILL NOT BE PUBLISHED IN THIS HABEAS CORPUS CASE. RULE 32 (k), SUPREME COURT RULES. The trial court did not err in remanding the appellant to custody. Judgment affirmed. All the […]

64 S.E.2d 446 PADGETT v. BUTLER. 17428.Supreme Court of Georgia.SUBMITTED MARCH 13, 1951. DECIDED APRIL 10, 1951. DUCKWORTH, Chief Justice. The exception here is to a judgment sustaining a general demurrer to a petition praying judgment in the amount of $400 for rent of described premises. The Court of Appeals and not the Supreme Court […]

239 S.E.2d 795 GENERAL REFRACTORIES COMPANY v. ROGERS. 32791.Supreme Court of Georgia.ARGUED OCTOBER 11, 1977. DECIDED NOVEMBER 28, 1977. BOWLES, Justice. Appellee, E. Alton Rogers, plaintiff below, brought suit against General Refractories Company, appellant herein, defendant below, claiming damages to a 508 acre tract of land owned by him in Baldwin County, Georgia, as a […]

458 S.E.2d 630 BODDY v. THE STATE. S95A1061.Supreme Court of Georgia. DECIDED JUNE 29, 1995. CARLEY, Justice. After a jury trial, Boddy was found guilty of malice murder, felony murder and aggravated assault. In accordance with Malcolm v. State, 263 Ga. 369, 373 (5) (434 S.E.2d 479) (1993), the trial court entered a judgment of […]

245 S.E.2d 276 PERDUE v. TYLER et al. 33436.Supreme Court of Georgia.ARGUED APRIL 11, 1978. DECIDED MAY 2, 1978. BOWLES, Justice. This is an appeal from an order of the Superior Court of Fulton County, which permanently enjoined the appellee, a state court reporter, from transcribing his notes for the benefit of any party other […]

87 S.E.2d 386 CASEY et al. v. BACON, Ordinary. 18894.Supreme Court of Georgia.ARGUED MARCH 14, 1955. DECIDED APRIL 11, 1955. REHEARING DENIED MAY 11, 1955. WYATT, Presiding Justice. The instant case is a suit to enjoin the holding of an election for the purpose of nullifying a previous election held in Bryan County, Georgia, legalizing […]

354 S.E.2d 425 BOOKER v. THE STATE. 44276.Supreme Court of Georgia. DECIDED APRIL 15, 1987. GREGORY, Justice. In a bifurcated proceeding the appellant, Terry Lee Booker, was convicted of the malice murder of Richard Hamby,[1] and possession of a firearm by a convicted felon. He was sentenced to life imprisonment for the murder to be […]

131 S.E.2d 848 INGRAM v. THE METHODIST CHURCH DISTRICT BOARD OF MISSIONS CHURCH EXTENSION OF ATLANTA, WEST DISTRICT, INC. 22014.Supreme Court of Georgia.ARGUED MAY 13, 1963. DECIDED MAY 29, 1963. REHEARING DENIED JUNE 18, 1963. 1. The offer of the defendant in error to pay into the registry of the court whatever amount the court […]

462 S.E.2d 361 JACKSON et al. v. SPALDING COUNTY et al. VAUGHN v. SPALDING COUNTY et al. S95A1259, S95A1260.Supreme Court of Georgia. DECIDED SEPTEMBER 25, 1995. FLETCHER, Presiding Justice. The Spalding County Board of Appeals denied two requests for a variance from the county zoning ordinance’s requirement concerning roof pitches on manufactured homes. The property […]

608 S.E.2d 229 JONES v. THE STATE. S04A2098.Supreme Court of Georgia. DECIDED JANUARY 24, 2005. HUNSTEIN, Justice. This Court affirmed appellant Daryl A. Jones’s life sentence for felony murder but remanded the case to the trial court to address appellant’s claim that he received ineffective assistance of counsel. Jones v. State, 276 Ga. 663 (581 […]

360 S.E.2d 716 LAWRENCE v. THE STATE. 44488.Supreme Court of Georgia. DECIDED OCTOBER 7, 1987. HUNT, Justice. Charles Lawrence, Sr. was convicted of the malice murder of his common-law wife, Sandra Hooten, and sentenced to life in prison. His appeal raises as error the admission of prior difficulties between him and the victim, the denial […]

375 S.E.2d 864 MILLER v. FULTON COUNTY et al. 46212.Supreme Court of Georgia. DECIDED FEBRUARY 16, 1989. HUNT, Justice. This appeal involves the requirements for standing of neighbors challenging a rezoning. Miller filed a complaint against Fulton County and Julian LeCraw Properties (JLC) seeking injunctive relief for alleged violations of the Steinberg Act, OCGA § […]

588 S.E.2d 745 TERMNET MERCHANT SERVICES, INC. v. PHILLIPS. S03G1157.Supreme Court of Georgia. DECIDED NOVEMBER 10, 2003. SEARS, Presiding Justice. We granted certiorari to consider whether a trial court has discretion to deny a claim for attorney fees brought pursuant to OCGA § 13-1-11, despite undisputed compliance with the requirements of that statute. Based upon […]

209 S.E.2d 166 DYKE v. THE STATE. 29011.Supreme Court of Georgia.ARGUED JULY 9, 1974. DECIDED SEPTEMBER 24, 1974. INGRAM, Justice. We review in this case appellant’s conviction in the Criminal Court of Fulton County on two counts of exhibiting obscene material in violation of Code Ann. § 26-2101. Categorically, the appeal deals with three areas […]

121 S.E.2d 642 BLAKEMORE v. BLAKEMORE. 21312.Supreme Court of Georgia.SUBMITTED JULY 11, 1961. DECIDED SEPTEMBER 7, 1961. CANDLER, Justice. This habeas corpus proceeding involves a contest between the mother and the father of an illegitimate girl fifteen years of age who has never been legitimated by her father under the provisions of Code § 74-103. […]

589 S.E.2d 66 ESCUTIA v. THE STATE. S04A0013.Supreme Court of Georgia. DECIDED NOVEMBER 17, 2003. THOMPSON, Justice. Sergio Pozos Escutia was convicted by a jury of the felony murder of Rogelio Guzman while in the commission of an aggravated assault, aggravated assault on Ricardo Reyes, and two counts of possession of a firearm during the […]

55 S.E.2d 581 CAGLE v. PATTERSON. 16782.Supreme Court of Georgia. OCTOBER 12, 1949. DUCKWORTH, Chief Justice. The exception here is to a judgment finding the plaintiff in error in contempt of court for a violation of a court order in a processioning proceeding. The Supreme Court is without jurisdiction. Constitution of Georgia, art. 6, sec. […]

51 S.E.2d 569 SOUTHEASTERN GREYHOUND LINES v. WELLS et al. 16432.Supreme Court of Georgia. JANUARY 12, 1949. REHEARING DENIED FEBRUARY 17, 1949. Where the father of eleven children was killed by the negligence of a tort-feasor, and the tort-feasor settled with six of the children, such settlement constituted, on the part of the tort-feasor, a […]

209 S.E.2d 646 TUCKER v. THE STATE. 29080.Supreme Court of Georgia.SUBMITTED AUGUST 9, 1974. DECIDED OCTOBER 25, 1974. The trial judge, hearing the case without a jury, did not err in finding that the appellant was guilty of murder, and that the appellant knew the difference between right and wrong at the time of the […]

223 S.E.2d 147 LINDSEY v. SAMOLUK. 30601.Supreme Court of Georgia.ARGUED JANUARY 19, 1976. DECIDED FEBRUARY 2, 1976. NICHOLS, Chief Justice. Certiorari was granted in this case to review the apparent conflict in the holding of the Court of Appeals in this case (Lindsey v. Samoluk, 135 Ga. App. 852 (219 S.E.2d 464) (1975)) and the […]

553 S.E.2d 563 YATES v. THE STATE S01P0977.Supreme Court of Georgia. DECIDED: OCTOBER 1, 2001 BENHAM, Justice. John Thomas Yates was convicted of malice murder, burglary, and aggravated assault. The jury recommended the death penalty for the murder after finding beyond a reasonable doubt that the murder Page 313 was committed while Yates was engaged […]

96 S.E.2d 490 WOFFORD v. CITY OF GAINESVILLE et al. 19511.Supreme Court of Georgia.ARGUED NOVEMBER 13, 1956. DECIDED JANUARY 15, 1957. REHEARING DENIED FEBRUARY 13, 1957. The allegations of the petition failed to state a cause of action for the writ of mandamus, and it was not error for the trial court to sustain the […]

260 S.E.2d 47 YARBROUGH v. YARBROUGH. 35083.Supreme Court of Georgia.SUBMITTED JUNE 22, 1979. DECIDED SEPTEMBER 10, 1979. REHEARING DENIED SEPTEMBER 25, 1979. BOWLES, Justice. This appeal is from two orders of Houston Superior Court, finding appellant in contempt of court and ordering him incarcerated for failing to make child support payments. We affirm. The parties […]

119 S.E.2d 556 DOWNER, Administratrix, et al. v. BAZZELL. 21180.Supreme Court of Georgia.ARGUED MARCH 14, 1961. DECIDED APRIL 6, 1961. The evidence being sufficient to support the verdict and the special grounds being without merit, it was not error to deny the amended motion for new trial. Page 713 ARGUED MARCH 14, 1961 — DECIDED […]

444 S.E.2d 775 SMITH et al. v. BOARD OF COMMISSIONERS OF ATHENS-CLARKE COUNTY, GEORGIA et al. S94A0844.Supreme Court of Georgia. DECIDED JUNE 27, 1994. CARLEY, Justice. Appellant-plaintiffs own property along an unpaved road in Clarke County. Pursuant to OCGA § 9-6-21 (b), appellants sought mandamus to compel appellee-defendants to repair and maintain the road. Although […]

240 S.E.2d 135 MALONE v. THOMAS et al. 28315.Supreme Court of Georgia.ARGUED OCTOBER 9, 1973. DECIDED MARCH 7, 1974. GUNTER, Justice. This appeal is from a judgment granting an interlocutory injunction that stopped the construction, maintenance, and operation of a project alleged to be a public nuisance. The project was to be constructed on a […]

10 S.E.2d 752 HARRIS v. THE STATE. 13461.Supreme Court of Georgia. SEPTEMBER 25, 1940. JENKINS, Justice. The defendant filed to his indictment for a capital felony a plea in abatement, attacking the qualifications and procedure of the grand jurors in the return of the indictment. After rulings striking certain portions of the plea on demurrer […]

42 S.E.2d 473 LOUGHRIDGE v. THE STATE. 15740.Supreme Court of Georgia. APRIL 16, 1947. Motions for new trial based on newly discovered evidence are addressed largely to the discretion of the trial judge, and his order refusing a new trial on such grounds will not be reversed unless it is made to appear that the […]

240 S.E.2d 23 CAUSEY v. HART. 32840.Supreme Court of Georgia.SUBMITTED OCTOBER 7, 1977. DECIDED OCTOBER 26, 1977. REHEARING DENIED NOVEMBER 29, 1977. UNDERCOFLER, Presiding Justice. Eugene “Dink” Causey was arrested in Floyd County, Georgia, on a warrant issued by Governor George Busbee pursuant to extradition proceedings from Governor George Wallace of Alabama. He filed a […]

46 S.E.2d 583 SMITH v. THE STATE. 16069.Supreme Court of Georgia. FEBRUARY 12, 1948. The verdict was amply supported by the evidence, and it was not erroneous to overrule the motion for new trial as amended. No. 16069. FEBRUARY 12, 1948. Murder. Before Judge Price. Tattnall Superior Court. October 17, 1947. Ernest Smith and Sylvester […]

684 S.E.2d 251 SANCHEZ v. THE STATE. No. S09A0747.Supreme Court of Georgia. DECIDED SEPTEMBER 28, 2009. BENHAM, Justice. Ricardo Sanchez appeals the judgment of conviction entered on jury verdicts finding him guilty of felony murder with aggravated assault as the predicate felony in connection with the death of Juan Arreola, and reckless conduct in connection […]

429 S.E.2d 522 NOLTON v. THE STATE. S93A0179.Supreme Court of Georgia. DECIDED MAY 3, 1993. HUNT, Presiding Justice. Kenneth Nolton shot and killed Wendell Neal with a handgun and robbed and wounded David Peterson. He was convicted of felony murder, armed robbery, aggravated assault, and possession of a firearm during the commission of a crime, […]

347 S.E.2d 595 MORGAN v. MORGAN. 43403.Supreme Court of Georgia. DECIDED SEPTEMBER 3, 1986. WELTNER, Justice. Thomas Morgan died, leaving his entire estate to his widow to the exclusion of his sons. The sons filed suit against the widow, alleging Page 251 that through intentional and wrongful conduct she caused their father to deplete his […]

158 S.E.2d 248 MILTON FRANK ALLEN PUBLICATIONS, INC. v. GEORGIA ASSOCIATION OF PETROLEUM RETAILERS, INC. 24350.Supreme Court of Georgia.ARGUED OCTOBER 10, 1967. DECIDED NOVEMBER 9, 1967. There being conflicting evidence on the issues raised by the pleadings, the trial judge did not abuse his discretion in denying an interlocutory injunction. ARGUED OCTOBER 10, 1967 — […]

207 S.E.2d 73 HUDSON v. AULT. 28456.Supreme Court of Georgia. DECIDED MAY 21, 1974. NOTE: PURSUANT TO DIRECTION FROM THE SUPREME COURT AN OPINION WILL NOT BE PUBLISHED IN THIS HABEAS CORPUS CASE. RULE 32 (k), SUPREME COURT RULES. The trial court did not err in remanding the appellant to custody. Judgment affirmed. All the […]