Category: Georgia Supreme Court Opinions

361 S.E.2d 181 WEST v. CLARKE. 44928.Supreme Court of Georgia. DECIDED OCTOBER 21, 1987. GREGORY, Justice. Appellee, Clarke, filed a six-count complaint in Fulton Superior Court against West and others seeking equitable relief and monetary damages. Immediately prior to trial on May 21. 1986 Clarke settled her claim against the other defendants and released them […]

14 S.E.2d 50 GUFFIN et al. v. KELLY. 13546.Supreme Court of Georgia. MARCH 19, 1941. REHEARING DENIED APRIL 3, 5, 1941. 1. Under the Code, § 48-108, the donee of a gift will hold it as a trustee for the donor, if it is made for a specific purpose and such purpose fails or can […]

22 S.E.2d 837 DAVIS et al. v. TRUST COMPANY OF GEORGIA, executor. 14354.Supreme Court of Georgia. NOVEMBER 10, 1942. Dismissal of writ of error, where rulings excepted to did not constitute a final judgment. No. 14354. NOVEMBER 10, 1942. Equitable petition. Before Judge Dorsey. Fulton superior court. July 7, 1942. Page 844 Alex. M. Hitz, […]

365 S.E.2d 94 WINOKUR v. WINOKUR. 45038.Supreme Court of Georgia. DECIDED FEBRUARY 25, 1988. RECONSIDERATION DENIED MARCH 16, 1988. CLARKE, Presiding Justice. This case calls for a distinction between periodic alimony and lump sum alimony. The question is important because the obligation to pay periodic alimony terminates at the death of either party while the […]

282 S.E.2d 643 CARMICHAEL v. CARMICHAEL. 37522.Supreme Court of Georgia. DECIDED SEPTEMBER 9, 1981. REHEARING DENIED SEPTEMBER 29, 1981. MARSHALL, Justice. This is the first appeal to this court in which collateral issues of alimony, child support, and property division were submitted to an auditor in a divorce proceeding. See Code Title 10, Auditors. After […]

148 S.E.2d 417 JOHNSTON v. CLAYTON COUNTY WATER AUTHORITY. 23388.Supreme Court of Georgia.ARGUED MARCH 15, 1966. DECIDED APRIL 7, 1966. 1. A property owner who files a petition to enjoin condemnation proceedings under Code § 36-301 et seq., alleging that the condemnor is proceeding illegally and has no right to condemn, is not estopped from […]

111 S.E.2d 32 WILSON v. THE STATE. 20578.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1959. DECIDED OCTOBER 9, 1959. REHEARING DENIED NOVEMBER 4, 1959. WYATT, Presiding Justice. Eddie Wilson was convicted of murder, without recommendation to mercy. He duly filed his motion for new trial which was denied. The exception here is to the judgment denying […]

635 S.E.2d 107 MOORE v. MOORE et al. MINSHEW v. MOORE et al. MOORE v. CRISP FARMS, INC. et al. CRISP FARMS, INC. v. MOORE et al. Nos. S06F0927, S06F0928, S06F0929, S06F0930.Supreme Court of Georgia. DECIDED SEPTEMBER 18, 2006. RECONSIDERATION DENIED OCTOBER 16, 2006. CARLEY, Justice. In 2003, Anthony Keith Moore (Husband) brought this divorce […]

104 S.E.2d 457 GIBSON v. GIBSON. 20114.Supreme Court of Georgia.ARGUED JUNE 10, 1958. DECIDED JULY 11, 1958. REHEARING DENIED JULY 22, 1958. WYATT, Presiding Justice. It appearing that the judgment here under review is one dismissing a motion to modify and set aside a verdict and judgment in a divorce case, upon the ground that […]

521 S.E.2d 190 IN THE MATTER OF BRET JERALD PANGBORN S99Y1128, S99Y1129, S99Y1130.Supreme Court of Georgia. DECIDED: SEPTEMBER 20, 1999. PER CURIAM. The State Bar filed three Notices of Discipline against Respondent Bret Jerald Pangborn alleging violations of Standards 4 (professional conduct involving dishonesty, fraud, deceit, or wilful misrepresentation); 44 (wilful abandonment or disregard of […]

99 S.E.2d 225 TAMIAMI TRAIL TOURS, INC. v. GEORGIA PUBLIC SERVICE COMMISSION et al. THE GREYHOUND CORPORATION v. McWHORTER, et al., Comrs., et al. 19689, 19690.Supreme Court of Georgia.ARGUED MAY 15, 1957. DECIDED JUNE 12, 1957. REHEARING DENIED JULY 5, 1957. 1. It is within the discretion of the Public Service Commission to authorize a […]

183 S.E.2d 371 FORBES et al. v. LOVETT et al. 26551.Supreme Court of Georgia.ARGUED JUNE 14, 1971. DECIDED JULY 9, 1971. The trial court did not err in dismissing the complaint seeking mandamus and other relief as to membership of the plaintiffs on the Civil Service Board of Chatham County. ARGUED JUNE 14, 1971 — […]

24 S.E.2d 47 SINGER v. FIRST NATIONAL BANK AND TRUST COMPANY, trustee. 14371.Supreme Court of Georgia. JANUARY 13, 1943. A grant, supplemented by a devise, made in trust for the benefit of the children of A, born and to be born, with a provision that the trust shall continue until the youngest child, born and […]

144 S.E.2d 765 HINSON v. FIRST NATIONAL BANK IN WAYCROSS. 23094.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1965. DECIDED OCTOBER 7, 1965. 1. This court will not pass upon the constitutionality of a statute unless the complaining party shows that its enforcement is an infringement upon his right of person or property and that such infringement […]

360 S.E.2d 268 WALTERS et al. v. McNEESE. 44798.Supreme Court of Georgia. DECIDED SEPTEMBER 24, 1987. MARSHALL, Chief Justice. The appellee-plaintiff, Grace M. McNeese, instituted this quiatimet action (OCGA § 23-3-60 et seq.) against the appellants-defendants in the DeKalb Superior Court. The question for decision is whether, as held by the special master and the […]

15 S.E.2d 880 BRIGHT et al. v. CUDAHY PACKING COMPANY. 13801.Supreme Court of Georgia. JULY 8, 1941. This being a suit to recover land, and the plaintiffs showing no title, and the case not falling within any of the exceptions to the applicable rule that it is incumbent on the plaintiff to show title in […]

454 S.E.2d 510 ATHENS-CLARKE COUNTY v. WALTON ELECTRIC MEMBERSHIP CORPORATION. S94G0418.Supreme Court of Georgia. DECIDED MARCH 13, 1995. RECONSIDERATION DENIED MARCH 30, 1995. BENHAM, Presiding Justice. Pursuant to the provisions of Art. IX, Sec. III, Par. II (a) of the 1983 Georgia Constitution, the Unified Government of Athens-Clarke County came into being in 1991 after […]

28 S.E.2d 107 FOY, executrix, v. SCOTT, executor, et al. 14725.Supreme Court of Georgia. NOVEMBER 30, 1943. The petition, showing an agreement with one of the two executors to sell timber belonging to the estate, and that in execution of the agreement he signed a deed conveying the timber and sent it to the non-resident […]

532 S.E.2d 672 MORROW v. MORROW. S00A0977.Supreme Court of Georgia. DECIDED: JULY 5, 2000 HUNSTEIN, Justice. Connie and Jimmy Morrow were first divorced in March 1988 shortly after the couple had begun constructing a residence on a .23-acre piece of North Carolina property given Jimmy by his family. The divorce decree awarded the property to […]

245 S.E.2d 657 IN THE MATTER OF ANSLEY. 2Supreme Court of Georgia. DECIDED JUNE 9, 1978. PER CURIAM. The report and recommendation of the State Disciplinary Board of the State Bar of Georgia having been filed with this court on March 31, 1978, recommending that the application of Benjamin Hugh Ansley for reinstatement to membership […]

195 S.E.2d 103 WALDREP v. GOODWIN. 27402.Supreme Court of Georgia.SUBMITTED SEPTEMBER 12, 1972. DECIDED JANUARY 4, 1973. HAWES, Justice. On May 6, 1971, this court decided Waldrep v. Goodwin, 227 Ga. 560 (181 S.E.2d 837), affirming the admission to probate of a will of Mrs. Muriel Waldrep. Subsequently, the caveator in that case, Hubert Waldrep, […]

7 S.E.2d 256 WOOD v. HAYES et al. 13133.Supreme Court of Georgia. FEBRUARY 15, 1940. 1. Fairly construed, the answer, though asserting that the defendant, through inheritance from her mother, is tenant in common with plaintiffs, negatives her claim of ownership, and admits facts which establish the entire title in the plaintiffs. 2. A cross-petition […]

284 S.E.2d 411 THOMAS v. RAMSEY. 37792.Supreme Court of Georgia. DECIDED NOVEMBER 18, 1981. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur. DECIDED NOVEMBER 18, 1981. Equity. Gwinnett Superior Court. Before Judge Lott, Senior Judge. Thomas Stanley Sunderland, Morgan Morgan, Handsel Morgan, for appellant. Glyndon C. Pruitt, for appellee.

55 S.E.2d 588 GRAY, next friend, v. GUNBY, Ordinary. 16800.Supreme Court of Georgia. OCTOBER 11, 1949. 1. Mandamus will not lie if there exists another legal remedy. 2. Construing the allegations of the petition most strongly against the pleader, the petition shows that the appeal was filed more than four days after the rendition of […]

47 S.E.2d 866 SMITH v. THE STATE OF GEORGIA. 16220.Supreme Court of Georgia. MAY 13, 1948. CANDLER, Justice. Wilson Smith was indicted, tried, and convicted in the Superior Court of DeKalb County of the offense of receiving stolen goods, to wit, an automobile, and sentenced to serve from one to two years in the penitentiary. […]

260 S.E.2d 348 RAY v. RAY. 35230.Supreme Court of Georgia.SUBMITTED AUGUST 30, 1979. DECIDED SEPTEMBER 26, 1979. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur. SUBMITTED AUGUST 30, 1979 — DECIDED SEPTEMBER 26, 1979. Custody of child, etc. Franklin Superior Court. Before Judge Grant. Cornwell Church, James E. Cornwell, Jr., for […]

467 S.E.2d 319 DEPARTMENT OF TRANSPORTATION v. ACREE OIL COMPANY S95G1042Supreme Court of Georgia. DECIDED FEBRUARY 19, 1996 — RECONSIDERATION DENIED MARCH 11, 1996 HUNSTEIN, Justice. A portion of Acree Oil Company’s property was condemned by DOT for a highway intersection improvement project. Acree Oil appealed from the judgment on the jury’s verdict to the […]

364 S.E.2d 576 CHAMBERS et al. v. GALLAHER et al. 45081.Supreme Court of Georgia. DECIDED FEBRUARY 5, 1988. HUNT, Justice. The developers and original grantors, along with 32 owners in the Grant Estates Subdivision in Catoosa County, Georgia (the “subdivision”), brought suit seeking an injunction prohibiting the Gallahers, also owners in the subdivision, from operating […]

338 S.E.2d 274 KILPATRICK v. THE STATE. 42686.Supreme Court of Georgia. DECIDED JANUARY 8, 1986. GREGORY, Justice. Kilpatrick was convicted of murder. His motion for new trial was denied.[*] We affirm. Kilpatrick had been dating Patricia Wright. Around midnight on October 9, 1982, two friends of Kilpatrick went to his house and found him standing […]

299 S.E.2d 715 RICHARDSON v. THE STATE. 39220.Supreme Court of Georgia. DECIDED FEBRUARY 3, 1983. SMITH, Justice. Norroy Richardson was convicted of the murder of Willie James Turpin and sentenced to life imprisonment. He appeals, enumerating as error two portions of the trial court’s jury charge. We affirm. In the early morning hours of December […]

40 S.E.2d 386 BRUCE et al. v. STRICKLAND. 15625.Supreme Court of Georgia. NOVEMBER 13, 1946. DUCKWORTH, Justice. 1. To maintain an action for trespass, where the petitioner is not in actual possession, he must show legal title in himself. Ault v. Meager, 112 Ga. 148 (37 S.E. 185); Downing v. Anderson, 126 Ga. 373 (55 […]

253 S.E.2d 696 SHEPHERD v. SHEPHERD. 34422.Supreme Court of Georgia.SUBMITTED JANUARY 12, 1979. DECIDED FEBRUARY 15, 1979. REHEARING DENIED MARCH 6, 1979. BOWLES, Justice. This is the seventh reported appeal in this divorce case. All prior decisions are set forth in the most recent holding of this court in Shepherd v. Shepherd, 241 Ga. 484 […]

312 S.E.2d 606 STRICKLAND v. STRICKLAND. 40676.Supreme Court of Georgia. DECIDED FEBRUARY 28, 1984. ON MOTION FOR RECONSIDERATION. HILL, Chief Justice. The Stricklands were divorced in 1980. Their agreement, settling all issues relative to alimony and division of property, was incorporated into the decree. It provided, inter alia, that Dan Strickland would be solely and […]

23 S.E.2d 403 HUFFMAN v. HORTON, SHERIFF. 14373.Supreme Court of Georgia. DECEMBER 1, 1942. DUCKWORTH, Justice. 1. “Where the clerk or the sheriff whose duty it is to receive or collect fines imposed upon persons in criminal proceedings discharges a prisoner against whom a fine is imposed, by taking the promise of another party to […]

711 S.E.2d 665 STRIPLING v. THE STATE. No. S11A0474.Supreme Court of Georgia. DECIDED JUNE 13, 2011. MELTON, Justice. In 1988, Alphonso Stripling was working as a cook trainee at a Kentucky Fried Chicken restaurant in Douglasville. Shortly after the restaurant closed on October 15, 1988, he shot his four co-workers, killing two of them and […]

370 S.E.2d 749 SEALS v. LEMACKS. 45475.Supreme Court of Georgia. DECIDED JULY 13, 1988. SMITH, Justice. We granted the appellant’s application for certificate of probable cause to consider whether the principles enunciated i Robinson v. State, 256 Ga. 564 (350 S.E.2d 464) (1986), require this conviction to be set aside. Nothing in the Robinson opinion […]

58 S.E.2d 168 LIVELY v. LIVELY et al. 16902.Supreme Court of Georgia. FEBRUARY 17, 1950. REHEARING DENIED MARCH 15, 1950. 1. The amendment of the petition for specific performance of the contract for the sale of land, which expressed the purchasers’ willingness to accept less than the whole tract if the defendant, for want of […]

398 S.E.2d 168 HAMMOND v. THE STATE. S90P1043.Supreme Court of Georgia. DECIDED NOVEMBER 8, 1990. RECONSIDERATION DENIED DECEMBER 4, 1990. FLETCHER, Justice. Emmanuel Hammond was convicted by a jury in Fulton County of murder, kidnapping and armed robbery. He was sentenced to death for the offense of malice murder. He now appeals his conviction and […]

523 S.E.2d 871 JACKSON v. THE STATE. S99A1698.Supreme Court of Georgia. DECIDED: NOVEMBER 15, 1999 FLETCHER, Presiding Justice. Vann A. Jackson filed a motion to withdraw his guilty plea after being sentenced to life imprisonment for the malice murder of Lisa Watson.[1] He contends that he was denied effective assistance of counsel due to a […]

209 S.E.2d 625 HARWELL v. HARWELL. 29134.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1974. DECIDED OCTOBER 8, 1974. REHEARING DENIED OCTOBER 25, 1974. UNDERCOFLER, Justice. On November 20, 1972, Jo Ann H. Harwell filed a complaint for divorce against Otis C. Harwell on the ground of cruel treatment. On October 16, 1973, the jury returned a […]

273 S.E.2d 408 MARTIN v. MARTIN. 36991.Supreme Court of Georgia. DECIDED JANUARY 16, 1981. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur, except Gregory, J., not participating. DECIDED JANUARY 16, 1981. Domestication of divorce judgment, etc. Bartow Superior Court. Before Judge White. Archer, Elsey Vaughan, David G. Archer, for appellant. Awtrey […]

74 S.E.2d 866 HARPER v. MAYES, administratrix, et al. 18046.Supreme Court of Georgia.ARGUED JANUARY 14, 1953. DECIDED FEBRUARY 24, 1953. WYATT, Justice. This proceeding seeks to set aside a verdict and judgment, on the ground that when same was rendered, the plaintiff in error herein, who was then the defendant, was sick and unable to […]

373 S.E.2d 372 HUDSON v. HUDSON. 45894.Supreme Court of Georgia. DECIDED NOVEMBER 10, 1988. WELTNER, Justice. The administrator of an estate brought suit to set aside a deed purporting to convey real property. After a favorable jury verdict, the administrator moved to amend the judgment setting aside the deed to include a money judgment for […]

238 S.E.2d 85 FLORENCE v. THE STATE (two cases). 32476, 32512.Supreme Court of Georgia.SUBMITTED JULY 1, 1977. SUBMITTED JULY 8, 1977. DECIDED SEPTEMBER 7, 1977. NICHOLS, Chief Justice. The appellant was convicted by a jury on October 26, 1976 on four counts of armed robbery. After being sentenced to 15 years for each count, to […]

576 S.E.2d 853 PERALTA v. THE STATE S03A0086.Supreme Court of Georgia. Decided February 10, 2003 BENHAM, Justice. Appellant David Peralta was indicted for the malice murder, felony murder, and aggravated assault of Rebecca Moore, and the aggravated assaults of five other people. The jury convicted him of all the charges in which Moore was the […]

486 S.E.2d 28 POLICE BENEVOLENT ASSOCIATION OF SAVANNAH ET AL. v. BROWN. S97A0007.Supreme Court of Georgia. DECIDED MAY 12, 1997. BENHAM, Chief Justice. The Police Benevolent Association of Savannah (“PBAS”) and seven Savannah police officers filed a petition for mandamus, asking the trial court to order the Savannah city manager, appellee Michael B. Brown, to […]

263 S.E.2d 905 DeKALB COUNTY et al. v. POST PROPERTIES, INC. et al. VARRIEUR et al. v. DEKALB COUNTY et al. 35362, 35363, 35364.Supreme Court of Georgia.ARGUED SEPTEMBER 19, 1979. DECIDED JANUARY 8, 1980. REHEARING DENIED JANUARY 24, 1980. HILL, Justice. Brunette M. Spruill has owned approximately thirty-four (34) acres of land at the intersection […]

133 S.E.2d 367 RILEY v. GARRETT, Chairman, et al. 22186.Supreme Court of Georgia.SUBMITTED SEPTEMBER 11, 1963. DECIDED OCTOBER 15, 1963. 1. The rule of strict construction of criminal statutes requires a judgment that the unnatural copulation between a man and a woman per linguam in vagina does not constitute sodomy as defined by Code § […]

226 S.E.2d 49 MEASON et al. v. GILBERT. 30844.Supreme Court of Georgia.ARGUED APRIL 12, 1976. DECIDED MAY 17, 1976. INGRAM, Justice. This case is here to review, by writ of certiorari, the decision of the Court of Appeals reported in 137 Ga. App. 1 (222 S.E.2d 835) (1975). The issue which prompted this court to […]

149 S.E.2d 688 WEATHERLY v. CITIZENS SOUTHERN NATIONAL BANK OF MACON. 23532.Supreme Court of Georgia.ARGUED JUNE 13, 1966. DECIDED JUNE 23, 1966. DUCKWORTH, Chief Justice. This is a companion case to Weatherly v. Hatcher, ante, although the parties are different, it was filed in a different county, and not entirely the same relief was sought. […]

411 S.E.2d 499 IN THE MATTER OF H. NORWOOD PEARCE. SUPREME COURT DISCIPLINARY NO. 901.Supreme Court of Georgia. DECIDED NOVEMBER 20, 1991. PER CURIAM. Respondent H. Norwood Pearce has petitioned for voluntary surrender of his license to practice law in the State of Georgia. The petition is based on his admission of a violation of […]

576 S.E.2d 841 LAWLER v. THE STATE. S02P1377.Supreme Court of Georgia. Decided: January 27, 2003. HINES, Justice. Gregory Paul Lawler shot Atlanta police officers John Sowa and Patricia Cocciolone, killing Officer Sowa and severely wounding Officer Cocciolone. A jury found him guilty of malice murder, aggravated battery on a peace officer, and other crimes. The […]

31 S.E.2d 481 ALLEN v. ALLEN. 14942.Supreme Court of Georgia. SEPTEMBER 11, 1944. GRICE, Justice. The averments of fact in the motion to dismiss the writ of error are admitted in the plaintiff in error’s written response to the motion. Thus it appears that, after suing out the writ of error in this case, the […]

58 S.E.2d 142 PARKS, alias ALEXANDER, v. THE STATE. 16997.Supreme Court of Georgia. MARCH 13, 1950. REHEARING DENIED MARCH 27, 1950. Where a defendant is convicted on circumstantial evidence, the trial judge has no discretion to change a death sentence to life imprisonment, after adjournment of the term at which the original sentence was imposed, […]

162 S.E.2d 425 McCLELLAN v. McCLELLAN. 24620.Supreme Court of Georgia.SUBMITTED MAY 13, 1968. DECIDED MAY 23, 1968. NICHOLS, Justice. 1. Where, as in the case sub judice, the plaintiff’s and defendant’s grounds for divorce were based on cruel treatment and there was evidence to support the allegations of each respective petition, the trial court erred […]

18 S.E.2d 468 ROYAL MILLINERY COMPANY v. ELGIN HAT COMPANY. 13950.Supreme Court of Georgia. JANUARY 15, 1942. GRICE, Justice. As respects cases tried in the civil court of Fulton County and appealed to the appellate division of said court, a bill of exceptions (for the purpose of review by the Court of Appeals of the […]

184 S.E.2d 576 WALLACE v. CITY OF ATLANTA et al. 26727.Supreme Court of Georgia.SUBMITTED SEPTEMBER 16, 1971. DECIDED OCTOBER 7, 1971. ALMAND, Chief Justice. Mrs. T. M. Wallace filed her complaint, in the nature of a bill of peace, against the Cities of Atlanta and College Park, to establish her claim and title to a […]

251 S.E.2d 285 CARTER v. THE STATE. 34218.Supreme Court of Georgia.SUBMITTED NOVEMBER 3, 1978. DECIDED DECEMBER 5, 1978. HALL, Justice. Oscar V. Carter appeals his conviction and life sentence for the murder of Diane Stephens. 1. Appellant contends that the trial court erred in overruling his motion for mistrial because of evidence introduced by the […]

561 S.E.2d 382 MOSS v. THE STATE. S01A1218. MOSS v. THE STATE. S01A1217, S01A1218.Supreme Court of Georgia. DECIDED: MARCH 25, 2002. SEARS, Presiding Justice. Dwayne Moss and Scott Moss, the appellants in these two cases, were jointly indicted and tried for the malice murder and felony murder of Zannie Mae Dunn and for the burglary […]

454 S.E.2d 517 CITY OF ATLANTA et al. v. McKINNEY et al.; and vice versa. S94A1610, S94X1612.Supreme Court of Georgia. DECIDED MARCH 14, 1995. FLETCHER, Justice. These appeals involve a challenge to City of Atlanta ordinances that prohibit discrimination on the basis of sexual orientation, establish a domestic partnership registry for jail visitation, and extend […]

700 S.E.2d 377 WHITUS v. THE STATE. No. S10A1133.Supreme Court of Georgia. DECIDED SEPTEMBER 20, 2010. CARLEY, Presiding Justice. Appellant Madonna Whitus was charged with the malice murder of Kathie Durant and other offenses. Based upon an initial psychiatric assessment, the trial court ordered that Appellant “be subjected to a full psychiatric assessment and evaluation […]

82 S.E.2d 646 AIKEN v. RICHARDSON. 18575.Supreme Court of Georgia.ARGUED MAY 11, 1954. DECIDED MAY 31, 1954. REHEARING DENIED JUNE 15, 1954. The judgment of this court in Aiken v. Richardson, 209 Ga. 837, is controlling on the issues sought to be made in the present writ of error. The trial court, therefore, properly denied […]

357 S.E.2d 578 WILLIAMS v. THE STATE. 44343.Supreme Court of Georgia. DECIDED JULY 9, 1987. RECONSIDERATION DENIED JULY 29, 1987. GREGORY, Justice. Ray Anthony Williams was convicted of the murder of Tyrone Brodnax and sentenced to life imprisonment.[1] The only issues raised on appeal relate to the alleged ineffectiveness of the defendant’s trial counsel. The […]

357 S.E.2d 563 BROWN v. THE STATE. 44306.Supreme Court of Georgia. DECIDED JUNE 24, 1987. RECONSIDERATION DENIED JULY 30, 1987. GREGORY, Justice. Jeffery Noel Brown was convicted of the murder of Cheryl Ann Hughes, and sentenced to life imprisonment.[1] The evidence shows that on the evening of May 24, 1984, the defendant and victim went […]

43 S.E.2d 668 WEBB, Solicitor-General, v. ALEXANDER et al. 15892.Supreme Court of Georgia. JULY 10, 1947. 1. Where the General Assembly by a later act omitted a provision in a former act authorizing proceedings by the solicitor-general, it must be presumed that the General Assembly had knowledge of the previous act and intended to withdraw […]

171 S.E.2d 124 HERRING v. R. L. MATHIS CERTIFIED DAIRY COMPANY et al. 25362.Supreme Court of Georgia.ARGUED SEPTEMBER 10, 1969. DECIDED OCTOBER 8, 1969. REHEARING DENIED NOVEMBER 6, 1969. GRICE, Justice. The Supreme Court’s jurisdiction of this appeal in a damage suit is predicated upon alleged constitutional questions raised by appellant’s amended complaint. For prior […]

223 S.E.2d 676 HERRING v. HERRING. 30419.Supreme Court of Georgia.SUBMITTED OCTOBER 15, 1975. DECIDED FEBRUARY 11, 1976. REHEARING DENIED FEBRUARY 25, 1976. NICHOLS, Chief Justice. This is the fifth appearance of a case in this court growing out of litigation between these same parties. See 232 Ga. 464 (207 S.E.2d 452) (1974); 233 Ga. 484 […]

109 S.E.2d 44 FERGUSON v. THE STATE. 20446.Supreme Court of Georgia.ARGUED APRIL 14, 1959. DECIDED MAY 8, 1959. REHEARING DENIED JUNE 5, 1959. HAWKINS, Justice. Billy Ferguson was convicted in Douglas Superior Court of murder without a recommendation, and sentenced to death by electrocution. The record discloses that, on July 17, 1958, at about 7:30 […]

644 S.E.2d 845 SWANSON v. THE STATE. No. S07A0301.Supreme Court of Georgia. DECIDED MAY 14, 2007. HINES, Justice. Rodgerick Swanson appeals his convictions for malice murder, aggravated battery, burglary, and violation of the Georgia Controlled Substances Act in connection with the fatal stabbing of Ronald Gresham and the debilitating knifing of Donita Gresham Banks. Swanson […]

537 S.E.2d 327 DAVIS v. THE STATE. S00A1156.Supreme Court of Georgia. DECIDED: OCTOBER 2, 2000 HINES, Justice. Stefon Davis was charged with driving under the influence, driving without a valid license, reckless driving, failure to drive on the right side of a roadway, fleeing and attempting to elude an officer, failure to wear a seatbelt, […]

417 S.E.2d 10 IN THE MATTER OF JAMES BOOKER. SUPREME COURT DISCIPLINARY NOS. 949, 950, 951, 952, 953.Supreme Court of Georgia. DECIDED MAY 21, 1992. RECONSIDERATION DENIED JULY 2, 1992. PER CURIAM. Pursuant to Bar Rule 4-208.1, the Investigative Panel of the State Disciplinary Board directed the Office of the General Counsel of Page 292 […]

49 S.E.2d 880 EDWARDS v. THE STATE. 16302.Supreme Court of Georgia. SEPTEMBER 7, 1948. REHEARING DENIED OCTOBER 13, 1948. Where there is evidence of a previous assault upon the accused by the deceased, whether the killing was the result of a sudden violent impulse of passion supposed to be irresistible, or whether it should be […]

646 S.E.2d 53 KELLY v. DAWSON COUNTY et al. No. S07A0506.Supreme Court of Georgia. Decided May 14, 2007. Reconsideration Denied June 25, 2007. BENHAM, Justice. This appeal is from the trial court’s order dismissing an appeal pursuant to OCGA § 5-6-48 (c) for delay in filing a transcript. Appellant Linda Moore Kelly filed a timely […]

383 S.E.2d 132 WISENBAKER v. THE STATE. 47029.Supreme Court of Georgia. DECIDED SEPTEMBER 11, 1989. CLARKE, Presiding Justice. Appellant Wisenbaker was convicted of burglary, armed robbery, and the felony murder of Horace LaCount.[1] The underlying felony for Page 417 the felony murder was aggravated assault with a brick. Appellant was found not guilty of malice […]

561 S.E.2d 77 UNIVERSITY HEALTH SERVICES, INC., d/b/a UNIVERSITY HOSPITAL v. LONG. S01A1658 (2002).Supreme Court of Georgia. DECIDED: MARCH 11, 2002. SEARS, Presiding Justice. The appellant, University Health Services, Inc., d/b/a University Hospital (“University Hospital”), appeals from an interlocutory injunction prohibiting it from revoking the privileges of the appellee, Dr. Long, an obstetrician and gynecologist […]

162 S.E.2d 391 BRYANT v. BRYANT. 24635.Supreme Court of Georgia.SUBMITTED MAY 14, 1968. DECIDED MAY 23, 1968. 1. The prayer for alimony in a fixed amount monthly and another prayer for alimony out of the estate of the husband does not render void a verdict in accordance with only one of such prayers. 2. 3. […]

169 S.E.2d 320 MOTON v. THE STATE. 25215.Supreme Court of Georgia.SUBMITTED JUNE 12, 1969. DECIDED JULY 10, 1969. 1. It was not error to admit the fingernail clippers, there being evidence that appellant was engaged in conspiring to commit robbery. Page 402 2. The evidence identifying the sweater and the shoes was properly admitted, and […]

268 S.E.2d 628 SANDERS v. THE STATE. 36106.Supreme Court of Georgia.SUBMITTED MARCH 28, 1980. DECIDED MAY 27, 1980. REHEARING DENIED JUNE 17, 1980. UNDERCOFLER, Chief Justice. Sanders appeals his conviction and life sentence for the murder of James Brumidge. We affirm. 1. A review of the record in this case in the light most favorable […]

71 S.E.2d 217 BOLTON v. MORRIS. 17863.Supreme Court of Georgia.ARGUED MAY 13, 1952. DECIDED JUNE 10, 1952. ATKINSON, Presiding Justice. 1. Where a deed is made in consideration of support for life, the redress is an action for the value of the support withheld, or an equitable action to rescind if the special facts, such […]

479 S.E.2d 717 HARRIS v. THE STATE. S96A1428.Supreme Court of Georgia. DECIDED JANUARY 21, 1997. THOMPSON, Justice. Defendant Varnario T. Harris was convicted of felony murder, the underlying felonies being aggravated assault and distribution of cocaine; theft by receiving stolen property; and possession of a firearm during the commission of a felony.[1] He appeals, asserting […]

699 S.E.2d 531 HUCKABEE v. THE STATE. No. S10A0239.Supreme Court of Georgia. DECIDED JULY 5, 2010. RECONSIDERATION DENIED JULY 27, 2010. BENHAM, Justice. Appellant Kevin Huckabee appeals his convictions stemming from the death of Jennifer Ross and the aggravated assault of Brett Finley.[1] On December 24, 2005, appellant and three others — Page 729 Michael […]

348 S.E.2d 451 FUGITT v. THE STATE. 43315.Supreme Court of Georgia. DECIDED SEPTEMBER 23, 1986. MARSHALL, Chief Justice. Including one interlocutory appeal, this is the fourth appearance of this death penalty case. Twice before, we have reversed Fugitt’s conviction and death sentence for the murder of John Evans.[1] For the third time, Fugitt has been […]

265 S.E.2d 15 BYRDSONG v. THE STATE. 35593.Supreme Court of Georgia.SUBMITTED NOVEMBER 9, 1979. DECIDED FEBRUARY 27, 1980. HILL, Justice. Defendant was tried by a jury for the offense of carrying a firearm at a public gathering. Code Ann. § 26-2902 (Ga. L. 1968, pp. 1249, 1323; 1976 pp. 1430, 1432, effective July 1, 1976). […]

277 S.E.2d 500 COPELAND v. CARTER; and vice versa. 36978, 36979.Supreme Court of Georgia. DECIDED APRIL 29, 1981. JORDAN, Chief Justice. On June 26, 1979, Martha Thomas Carter, 79 years old, filed a complaint in the Wayne Superior Court against Richard Copeland in which she alleged that Copeland had recorded a deed conveying certain lands […]

224 S.E.2d 418 PIPPINGER v. PIPPINGER. 30754.Supreme Court of Georgia.ARGUED FEBRUARY 9, 1976. DECIDED APRIL 6, 1976. JORDAN, Justice. This appeal by the wife in a divorce action pertains to the issue of alimony. The jury awarded the wife $125 per month until the youngest child reaches 18; the station wagon; the household furnishings; and […]

266 S.E.2d 800 ROLLESTON v. STATE OF GEORGIA et al. STATE OF GEORGIA et al. v. ROLLESTON et al. 36068, 36069.Supreme Court of Georgia.ARGUED MARCH 10, 1980. DECIDED APRIL 8, 1980. UNDERCOFLER, Chief Justice. This case presents our first review of the Shore Assistance Act of 1979. Code Ann. § 43-3001 et seq., Ga. L. […]

271 S.E.2d 218 DeFRANCIS v. MANNING. 36413.Supreme Court of Georgia.SUBMITTED JUNE 27, 1980. DECIDED SEPTEMBER 9, 1980. UNDERCOFLER, Chief Justice. DeFrancis, as superintendent of the men’s unit of the Middle Georgia Correctional Institution, appeals from the grant of habeas corpus relief to Manning who was convicted of burglary and sentenced on April 23, 1974, to […]

89 S.E.2d 183 HUTCHINS et al. v. HOWARD et al. 19050.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1955. DECIDED SEPTEMBER 16, 1955. CANDLER, Justice. 1. The tax receivers or tax commissioners in the several counties of this State are required to open their books for the return of taxes on the first day of January and […]

150 S.E.2d 643 TOUCHTON, Executor v. STEWART et al. 23615.Supreme Court of Georgia.ARGUED JULY 12, 1966. DECIDED SEPTEMBER 8, 1966. DUCKWORTH, Chief Justice. This is an appeal case to the superior court from a ruling of the court of ordinary sustaining a plea to the jurisdiction of a petition to probate a will after a […]

697 S.E.2d 775 GRAMMENS v. DOLLAR. No. S09G0510.Supreme Court of Georgia. DECIDED JULY 5, 2010. RECONSIDERATION DENIED JULY 26, 2010. BENHAM, Justice. David Dollar suffered an eye injury during a science experiment performed in his eighth-grade science class taught by appellant Patricia Grammens. The experiment consisted of “launching” a two-liter plastic soda bottle by means […]

158 S.E.2d 408 HAY v. STEPHENS, Mayor. 24375.Supreme Court of Georgia.SUBMITTED NOVEMBER 15, 1967. DECIDED NOVEMBER 22, 1967. The charter of the City of East Point provides that the mayor pro tempore shall discharge the duties and exercise the powers and authority of the mayor in his absence, and the mayor pro tempore had the […]

238 S.E.2d 382 ALLSTATE INSURANCE COMPANY v. STEPHENS. 32052.Supreme Court of Georgia.ARGUED JUNE 13, 1977. DECIDED SEPTEMBER 7, 1977. REHEARING DENIED SEPTEMBER 28, 1977. UNDERCOFLER, Presiding Justice. This case involves a provision in a “standard form” fire insurance policy which states, “No suit or action on Page 718 this policy for the recovery of any […]

651 S.E.2d 746 IN THE MATTER OF COATSEY ELLISON. No. S07Y1447.Supreme Court of Georgia. DECIDED OCTOBER 9, 2007. RECONSIDERATION DENIED NOVEMBER 5, 2007. PER CURIAM. This matter is before the Court on the Review Panel report in which it recommends that Respondent Coatsey Ellison be disbarred for his violations of Rules 1.3, 1.4, and 8.4 […]

351 S.E.2d 622 G M QUALITY BUILDERS, INC. v. DENNISON. 43461.Supreme Court of Georgia. DECIDED JANUARY 14, 1987. RECONSIDERATION DENIED JANUARY 27, 1987. SMITH, Justice. We granted certiorari to consider the Court of Appeals opinion in Dennison v. G M Quality Builders, 178 Ga. App. 548 (343 S.E.2d 786) (1986). We agree with the reasoning […]

149 S.E.2d 801 WEATHERLY v. HATCHER et al. 23500.Supreme Court of Georgia.ARGUED JUNE 13, 1966. DECIDED JUNE 23, 1966. DUCKWORTH, Chief Justice. This case is styled an extraordinary motion for new trial, or is, in effect, a petition to set aside a consent verdict and decree taken in a petition to cancel and set aside […]

667 S.E.2d 40 SELPH v. WILLIAMS et al. No. S08A1223.Supreme Court of Georgia. DECIDED SEPTEMBER 22, 2008. HUNSTEIN, Presiding Justice. Pamela Selph appeals from the trial court’s order in this quiet title action adopting the special master’s report finding that Selph is not the fee simple title holder to the 50-acre tract in issue but […]

91 S.E.2d 607 JOYNER v. THE STATE. 19232.Supreme Court of Georgia.SUBMITTED JANUARY 11, 1956. DECIDED FEBRUARY 15, 1956. REHEARING DENIED FEBRUARY 29, 1956. The trial judge did not err in denying the motion for new trial as amended. SUBMITTED JANUARY 11, 1956 — DECIDED FEBRUARY 15, 1956 — REHEARING DENIED FEBRUARY 29, 1956. Murder. Before […]

422 S.E.2d 536 WILSON v. THE STATE. S92A0868.Supreme Court of Georgia. DECIDED NOVEMBER 12, 1992. CLARKE, Chief Justice. Johnny C. Wilson was convicted of the felony murder of Lugene Baker, and the possession of a firearm during a felony. He was sentenced to life imprisonment.[1] The defendant and victim were related, and also had been […]