Category: Georgia Supreme Court Opinions

209 S.E.2d 597 NIX v. THE STATE. 28873.Supreme Court of Georgia.SUBMITTED MAY 10, 1974. DECIDED OCTOBER 1, 1974. REHEARING DENIED OCTOBER 25, 1974. The question made by the appellant’s habeas corpus petition, in which he alleged that his felony conviction was void, are not moot even though he has completed the service of his sentence […]

261 S.E.2d 342 STYNCHCOMBE v. SMITH. 35267.Supreme Court of Georgia.SUBMITTED AUGUST 30, 1979. DECIDED OCTOBER 16, 1979. REHEARING DENIED OCTOBER 30, 1979. JORDAN, Justice. This is an appeal from the judgment of the trial court granting appellee’s petition for habeas corpus in an extradition proceeding. The Governor of Arkansas presented his extradition Page 549 request […]

249 S.E.2d 76 WEST v. RUDD et al. 33818.Supreme Court of Georgia.ARGUED SEPTEMBER 11, 1978. DECIDED OCTOBER 18, 1978. BOWLES, Justice. This court granted certiorari to review the decision of the Court of Appeals in West v. Rudd, 145 Ga. App. 721 (244 S.E.2d 586) (1978). On September 15, 1971, John Rudd made application to […]

251 S.E.2d 563 JOHNSON v. THE STATE. 34076.Supreme Court of Georgia.ARGUED OCTOBER 10, 1978. DECIDED JANUARY 5, 1979. NICHOLS, Chief Justice. Johnson was tried and convicted for the murder of his estranged wife. He was sentenced to life imprisonment. He appeals. This court affirms. His sister-in-law testified that she was listening in on an extension […]

117 S.E.2d 528 SMITH, formerly SCOTT v. SCOTT. 21054.Supreme Court of Georgia.ARGUED OCTOBER 11, 1960. DECIDED NOVEMBER 10, 1960. REHEARING DENIED NOVEMBER 22, 1960. CANDLER, Justice. The parties to this litigation were formerly husband and wife. They were divorced in Cobb County on February 10, 1958, and custody of their minor child, Cynthia Scott, was […]

238 S.E.2d 331 HINES v. HINES. 32478.Supreme Court of Georgia.ARGUED JULY 11, 1977. DECIDED SEPTEMBER 6, 1977. MARSHALL, Justice. In the first appearance of this case, see Hines v. Hines, 237 Ga. 755 (229 S.E.2d 744) (1976), this court affirmed an order of the DeKalb Superior Court requiring the appellant former husband to pay his […]

529 S.E.2d 370 IN THE MATTER OF ERIC STANLEY OGREY S00Y0843.Supreme Court of Georgia. DECIDED: MAY 1, 2000. PER CURIAM. This disciplinary matter is before the Court on the Petition for Voluntary Surrender of License of Respondent Eric Stanley Ogrey, filed pursuant to Bar Rules 4-110 (f) and 4-227 (a), in which Ogrey admits violating […]

141 S.E.2d 400 HALL v. HALL. 22819.Supreme Court of Georgia.ARGUED FEBRUARY 8, 1965. DECIDED FEBRUARY 23, 1965. 1. Code § 38-1703 requires only that when sequestration is ordered, witnesses of the other party must testify out of the hearing of each other. Where, as here, the defendant’s witness who remained in the courtroom was called […]

60 S.E.2d 356 THOMAS v. DUMAS, by guardian. 17125.Supreme Court of Georgia. JULY 12, 1950. CANDLER, Justice. 1. Although grounds 4 to 9, inclusive, of the amended motion for new trial are set up as special grounds following the general grounds numbered 1 to 3, inclusive, all of them are merely elaborations of the general […]

218 S.E.2d 81 BEAVERS v. ALLEN. 30053.Supreme Court of Georgia. DECIDED JULY 2, 1975. 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 […]

165 S.E.2d 140 MATHIS v. THE STATE. 24905.Supreme Court of Georgia.SUBMITTED OCTOBER 15, 1968. DECIDED NOVEMBER 21, 1968. REHEARING DENIED DECEMBER 5, 1968. FRANKUM, Justice. This is a rape case. The appellant contends that his conviction was not authorized by the evidence in that the testimony of the prosecuting witness shows that the intercourse was […]

18 S.E.2d 681 LIVERPOOL AND LONDON AND GLOBE INSURANCE COMPANY LIMITED v. STUART et al. 13874.Supreme Court of Georgia. FEBRUARY 10, 1942. 1. Our answer to the question formerly certified to this court by the Court of Appeals in this case (Liverpool Globe Insurance Co. v. Stuart, 191 Ga. 745, 14 S.E.2d 98), to the […]

587 S.E.2d 646 LEWIS v. SIMS. S03A1162.Supreme Court of Georgia. DECIDED OCTOBER 20, 2003. HINES, Justice. Matthew Sims pled guilty to two counts of interference with government property. On November 9, 1999, he was sentenced to five years, six months to be served in confinement, with the remainder served on probation. A petition to revoke […]

538 S.E.2d 47 COLLINS v. THE STATE S00A1376.Supreme Court of Georgia. DECIDED: OCTOBER 30, 2000 BENHAM, Chief Justice. On June 3, 1996, Maganbhai Patel died after being shot in his Dekalb County dry cleaning store.[1] An employee of a nearby pet Page 94 store testified he heard gunshots from the neighboring dry cleaners shortly after […]

216 S.E.2d 319 ATKINSON v. THE STATE. 29766.Supreme Court of Georgia.SUBMITTED MARCH 24, 1975. DECIDED MAY 20, 1975. PER CURIAM. This is a companion case to Treadwell v. State, 233 Ga. 468 (211 S.E.2d 760) (1965). Treadwell and Atkinson were co-indictees. They were arrested on the same day and received the same treatment throughout. The […]

277 S.E.2d 910 AAA PLASTERING COMPANY, INC. v. TPM CONSTRUCTORS, INC. 37011.Supreme Court of Georgia. DECIDED MAY 19, 1981. UNDERCOFLER, Justice. AAA Plastering Company, Inc. (AAA) appeals from an order granting partial summary judgment for TPM Constructors, Inc. (TPM). We affirm. AAA was a subcontractor to TPM, who was the general contractor on the project […]

504 S.E.2d 440 PAULUS et al. v. REDDY et al. S98A0811.Supreme Court of Georgia. DECIDED SEPTEMBER 14, 1998. BENHAM, Chief Justice. This appeal is from an order appointing a receiver and dissolving a partnership. The appellees are five of the ten partners of a partnership formed to develop and sell real estate located in South […]

109 S.E.2d 599 KIGHT et al. v. GILLIARD, Tax Commissioner, et al. 20488.Supreme Court of Georgia.SUBMITTED MAY 12, 1959. DECIDED JUNE 5, 1959. CANDLER, Justice. This litigation arose on May 23, 1958, when the plaintiff filed a petition in the Superior Court of Coffee County against the defendants, as the fiscal and taxing authorities of […]

251 S.E.2d 511 WARNER v. FIRST NATIONAL BANK OF ATLANTA et al. HOPKINS et al. v. FIRST NATIONAL BANK OF ATLANTA et al. 33509, 33510.Supreme Court of Georgia.ARGUED MAY 8, 1978. DECIDED DECEMBER 5, 1978. BOWLES, Justice. This appeal is from final order and decree entered in an action instituted by the First National Bank […]

93 S.E.2d 662 HOLLAND v. BOYETT. 19328.Supreme Court of Georgia.ARGUED JUNE 11, 1956. DECIDED JULY 9, 1956. HEAD, Justice. 1. In order for the occupants of a conveyance to be engaged in a joint enterprise, under the rules of law pertaining to negligence, there must be not only a joint interest in the objects and […]

180 S.E.2d 741 CHAFFIN v. THE STATE. 26214.Supreme Court of Georgia.ARGUED DECEMBER 16, 1970. DECIDED MARCH 4, 1971. HAWES, Justice. James Chaffin was accused, tried and convicted of the offense of robbery by open force and violence and sentenced in accordance with the recommendation of the jury to a term of 15 years imprisonment. He […]

209 S.E.2d 207 ELROD v. CALDWELL. 29085.Supreme Court of Georgia.ARGUED SEPTEMBER 10, 1974. DECIDED OCTOBER 1, 1974. UNDERCOFLER, Justice. Clyde Elrod filled an application for the writ of habeas corpus against the respondent warden in which he asserts that he plead guilty to an accusation for motor vehicle theft under Code Ann. § 26-1813 (Ga. […]

385 S.E.2d 659 ESPY v. THE STATE. S89A0046.Supreme Court of Georgia. DECIDED NOVEMBER 22, 1989. HUNT, Justice. Charles Leon Espy, Jr., was tried by a jury, convicted of the murder of his stepfather, David Morgan, and sentenced to life imprisonment.[1] Page 588 He appeals, contending the trial court erred by failing to charge the jury […]

542 S.E.2d 102 ALDRICH v. CITY OF LUMBER CITY et al. S00G0726.Supreme Court of Georgia. DECIDED: FEBRUARY 16, 2001. BENHAM, Chief Justice. On August 25, 1989, appellant Bobby Aldrich, then a police officer for Lumber City, was struck by lightning while he was on duty. He sought workers’ compensation benefits, alleging the lightning strike aggravated […]

313 S.E.2d 90 POWELL v. THE STATE. 40654.Supreme Court of Georgia. DECIDED MARCH 14, 1984. WELTNER, Justice. Powell shot and killed Freddie Lee Burns with a handgun. He was convicted of felony murder and sentenced to life imprisonment.[1] There was evidence that Powell and Burns robbed a certain Davis at gunpoint. They fled, Davis pursued, […]

469 S.E.2d 33 DENT v. AULT S96A0184Supreme Court of Georgia. DECIDED APRIL 15, 1996 PER CURIAM. The judgment in this case is affirmed without opinion pursuant to Rule 59. All the Justices concur. Mandamus. Fulton County Superior. Before Joel J. Fryer. Anthony Dent, PRO SE Appellant. Michael J. Bowers, Attorney General, Neal B. Childers, Assistant […]

23 S.E.2d 420 COMER et al. v. COMER. 14315.Supreme Court of Georgia. DECEMBER 1, 1942. In the instant suit against executors and others, to construe a will and to recover a portion of the estate, on the theory that by reason of his adoption as a child by a daughter of the testator, though after […]

211 S.E.2d 770 HORTON v. HOPPER. 28811.Supreme Court of Georgia. DECIDED SEPTEMBER 6, 1974. The trial court did not err in remanding the appellant to custody. Judgment affirmed. All the Justices concur. DECIDED SEPTEMBER 6, 1974. Habeas corpus. Tattnall Superior Court. Before Judge Caswell. Johnny Larry Horton, pro se. Arthur K. Bolton, Attorney General, for […]

221 S.E.2d 6 BARONE v. ADCOX. 30391.Supreme Court of Georgia.SUBMITTED OCTOBER 3, 1975. DECIDED OCTOBER 28, 1975. REHEARING DENIED NOVEMBER 24, 1975. HALL, Justice. Mrs. Barone and her minor son sued Adcox in equity under a claimed buy-sell agreement between Barone, now deceased, and his former partner Adcox. Under the Page 589 alleged terms of […]

83 S.E.2d 610 BUTTS v. THE STATE. 18654.Supreme Court of Georgia.SUBMITTED JULY 12, 1954. DECIDED SEPTEMBER 13, 1954. MOBLEY, Justice. 1. The granting of a motion for continuance is within the sound discretion of the trial judge, and this court will not interfere unless it is clearly shown that he has abused his discretion. Code […]

257 S.E.2d 903 MARTIN v. MARTIN. 35033.Supreme Court of Georgia.SUBMITTED JUNE 13, 1979. DECIDED JULY 2, 1979. REHEARING DENIED JULY 18, 1979. HALL, Justice. This appeal is from an order denying a former wife’s prayer for contempt. The trial court had granted a partial Page 69 summary judgment to the appellant which domesticated a South […]

175 S.E.2d 649 BARRESI et al. v. BROWNE, President of Clarke County Board of Education, et al.; and vice versa. 25703, 25704.Supreme Court of Georgia.ARGUED MARCH 11, 1970. DECIDED JUNE 15, 1970. UNDERCOFLER, Justice. This litigation involves the Clarke County Board of Education’s pupil assignment plan for elementary schools for the 1969-70 school year. Appellants, […]

144 S.E.2d 722 CONNELL v. CONNELL. 23101.Supreme Court of Georgia.SUBMITTED SEPTEMBER 14, 1965. DECIDED SEPTEMBER 22, 1965. REHEARING DENIED OCTOBER 7, 1965. CANDLER, Presiding Justice. In a suit which Jacquelyn Cook Connell filed in the Superior Court of Richmond County against Aticus J. Connell, her husband, a judgment was rendered on November 13, 1963, granting […]

656 S.E.2d 803 WARREN v. THE STATE. No. S07A1561.Supreme Court of Georgia. DECIDED JANUARY 28, 2008. HUNSTEIN, Presiding Justice. Byron Warren was sentenced to life imprisonment and a term of years for malice murder and armed robbery arising out of the shooting death of Gabriel Rodriguez. He appeals the denial of his motion for new […]

218 S.E.2d 23 NATIONAL BANK OF GEORGIA v. FIRST NATIONAL BANK OF ATLANTA et al. GARDNER v. FIRST NATIONAL BANK OF ATLANTA et al. STORCH et al. v. FIRST NATIONAL BANK OF ATLANTA et al. WARNER v. FIRST NATIONAL BANK OF ATLANTA et al. DORSEY v. FIRST NATIONAL BANK OF ATLANTA et al. CADENHEAD v. […]

203 S.E.2d 493 STATE OF GEORGIA v. CANTRELL. 28336.Supreme Court of Georgia.ARGUED NOVEMBER 14, 1973. DECIDED JANUARY 28, 1974. REHEARING DENIED FEBRUARY 18, 1974. MOBLEY, Chief Justice. Certiorari was granted on the application of the State of Georgia, acting through the State Forestry Commission, to review the decision of the Court of Appeals in Cantrell […]

466 S.E.2d 860 WATKINS v. WATKINS S95A1595Supreme Court of Georgia. DECIDED FEBRUARY 19, 1996 SEARS, Justice. We granted an application for discretionary appeal in this case to consider whether, following a hearing on a parental custody dispute in the parties’ divorce action, the trial court erred in awarding custody of the parties’ minor children to […]

145 S.E.2d 536 WARREN v. ANDERSON et al. 23169.Supreme Court of Georgia.ARGUED OCTOBER 11, 1965. DECIDED NOVEMBER 10, 1965. 1. The evidence amply supported the verdict. Hence the denials of the motion for judgment notwithstanding the verdict and the general grounds of the motion for new trial were proper. 2. The portion of the charge […]

429 S.E.2d 255 WILLIAMS v. THE STATE. S93A0514.Supreme Court of Georgia. DECIDED APRIL 19, 1993. FLETCHER, Justice. Thomas Dwayne Williams was convicted of the felony murder of Dennis James Webb and was sentenced to life imprisonment.[1] Williams Page 75 appeals and we affirm. 1. Considering the evidence in a light most favorable to the verdict, […]

385 S.E.2d 413 IN THE MATTER OF JOHN E. SIMMONS. SUPREME COURT DISCIPLINARY NO. 666.Supreme Court of Georgia. DECIDED SEPTEMBER 28, 1989. PER CURIAM. The State Bar of Georgia brought disciplinary proceedings against respondent, John E. Simmons, charging him with violations of Bar Rule 4-102, Standards 35, 36 and 37 (multiple employment without consent), 44 […]

189 S.E.2d 405 AIRWAYS PARKING COMPANY et al. v. CITY OF ATLANTA et al. 27085.Supreme Court of Georgia.ARGUED MARCH 15, 1972. DECIDED APRIL 20, 1972. JORDAN, Justice. Airways Parking Company and Airways Service, Incorporated, alleged in their complaint for injunctive relief against the City of Atlanta and various officials thereof that they were licensees of […]

16 S.E.2d 576 HALL, administrator, v. METROPOLITAN LIFE INSURANCE COMPANY et al. 13847.Supreme Court of Georgia. SEPTEMBER 11, 1941. REHEARING DENIED SEPTEMBER 26, 1941. Delivery of a deed is essential to the conveyance of title thereby; and where the petition alleges that after the deed was executed it was safely kept by the grantor until […]

19 S.E.2d 155 MONCRIEF FURNACE COMPANY et al. v. NORTHWEST ATLANTA BANK et al. 13917.Supreme Court of Georgia. FEBRUARY 10, 1942. JENKINS, Justice. 1. A debtor may in good faith prefer one creditor to others by conveying property, even while insolvent, in total or partial payment of his debt, and without additional consideration, provided that […]

272 S.E.2d 716 PRICE v. GIBSON. 36778.Supreme Court of Georgia.SUBMITTED OCTOBER 10, 1980. DECIDED NOVEMBER 25, 1980. REHEARING DENIED DECEMBER 17, 1980. JORDAN, Presiding Justice. Nathaniel Gibson and his former wife Willie Ruth Gibson were divorced in Seminole County in July, 1978. Temporary custody of their minor child, age 6, was awarded to Lettie Price, […]

69 S.E.2d 574 BLACKWELL v. FARRAR; et vice versa. 17716, 17717.Supreme Court of Georgia.ARGUED JANUARY 17, 1952. DECIDED FEBRUARY 11, 1952. REHEARING DENIED MARCH 13, 1952. For the reasons stated in the opinion the judgment on the main bill of exceptions is affirmed and the cross-bill of exceptions is dismissed. Nos. 17716, 17717. ARGUED JANUARY […]

640 S.E.2d 254 HENDERSON v. HENDERSON. No. S07A0302.Supreme Court of Georgia. DECIDED JANUARY 22, 2007. SEARS, Chief Justice. The appellant, Clara Henderson, appeals from an order of the probate court ruling that she did not timely file an amended caveat raising the issue that a will she was challenging was a forgery. Because we conclude […]

261 S.E.2d 346 GREAT NORTHERN NEKOOSA CORPORATION v. BOARD OF TAX ASSESSORS OF EARLY COUNTY, GEORGIA (two cases). 35152, 35173.Supreme Court of Georgia.ARGUED SEPTEMBER 11, 1979. DECIDED OCTOBER 23, 1979. REHEARING DENIED NOVEMBER 6, 1979. HILL, Justice. In 1977 and 1978, Great Northern Nekoosa Corporation enlarged its Great Southern Paper Company paper mill facilities in […]

603 S.E.2d 217 IN THE MATTER OF ROY SCOTT MULLMAN. S04Y1847.Supreme Court of Georgia. DECIDED SEPTEMBER 13, 2004. PER CURIAM. This disciplinary matter is before the Court on Respondent Roy Scott Mullman’s Petition for Voluntary Surrender of License, which is tantamount to disbarment. In his petition, Mullman admits that in Page 391 May 2004, this […]

537 S.E.2d 329 BOARD OF COMMISSIONERS OF ATKINSON COUNTY v. GUTHRIE (two cases). S00A1164, S00A1695.Supreme Court of Georgia. DECIDED: OCTOBER 2, 2000 FLETCHER, Presiding Justice. A group of Atkinson County property owners challenged the constitutionality of a county ordinance that makes them responsible for the payment of garbage collection fees for their rental property. The […]

588 S.E.2d 719 PERKINS v. THE STATE. S03A1325.Supreme Court of Georgia. DECIDED NOVEMBER 10, 2003. CARLEY, Justice. Free For All Bonding (FFAB), in its capacity as a professional bail bondsman, hired Stephen Perkins to act as a bail recovery agent. In 2001, the principal on a bond issued by FFAB failed to appear in court […]

93 S.E.2d 753 MILLER, Administrator, v. LEVENSON. 19394.Supreme Court of Georgia.SUBMITTED JUNE 13, 1956. DECIDED JULY 10, 1956. CANDLER, Justice. B. R. Miller, Jr., as administrator of the estate of B. R. Miller, Sr., brought an action for equitable relief against Irvin Buddy Levenson in the Superior Court of Fulton County. So far as need […]

149 S.E.2d 803 MICHELI v. THE STATE. 23554.Supreme Court of Georgia.ARGUED JUNE 15, 1966. DECIDED JULY 7, 1966. There is no merit in the contention that “the court erred in not charging on eyewitness identification even though not requested.” ARGUED JUNE 15, 1966 — DECIDED JULY 7, 1966. Robbery with offensive weapon. Fulton Superior Court. […]

78 S.E.2d 9 GIBBS v. HENDERSON, Executor. 18360.Supreme Court of Georgia.SUBMITTED SEPTEMBER 15, 1953. DECIDED OCTOBER 14, 1953. HEAD, Justice. 1. The plaintiff’s evidence was insufficient to establish the line described by him, or any line. 2. On the trial of the cause, the judge correctly charged the jury with reference to the stipulation entered […]

199 S.E.2d 259 HATTEN v. AVCO FINANCIAL SERVICES, INC. 27999.Supreme Court of Georgia.ARGUED JUNE 12, 1973. DECIDED JULY 2, 1973. NICHOLS, Justice. On August 11, 1972, Avco obtained in the Civil Court of Fulton County a default judgment against Dorothy Hatten. Later the plaintiff sought to garnishee her wages. Thereafter, on February 14, 1973, the […]

417 S.E.2d 151 JACKSON v. THE STATE. S92A0549.Supreme Court of Georgia. DECIDED APRIL 30, 1992. WELTNER, Presiding Justice. Dwayne Jackson was convicted of shooting and killing Ronnie Smith with a firearm. See Byrd v. State, 261 Ga. 808 (411 S.E.2d 709) (1992) for the factual circumstances. The verdict against Jackson included findings of guilty of […]

254 S.E.2d 853 BROWN v. MOODY et al. 34657.Supreme Court of Georgia.ARGUED MARCH 14, 1979. DECIDED APRIL 5, 1979. JORDAN, Justice. This appeal arises from an order denying Jeanne Brown’s application for a writ of habeas corpus. On April 25, 1975, appellant was found guilty of the murder of her husband and sentenced by the […]

44 S.E.2d 114 WOMACK et al. v. BENSON, administrator. 15916.Supreme Court of Georgia. SEPTEMBER 9, 1947. DUCKWORTH, Presiding Justice. Leave was regularly granted by a court of ordinary to an administrator to sell an undivided one-half interest in a bond for title to convey described land to his intestate and another. Certain heirs of the […]

198 S.E.2d 318 WILLADSEN v. WILLADSEN. 27867.Supreme Court of Georgia.SUBMITTED APRIL 9, 1973. DECIDED MAY 10, 1973. JORDAN, Justice. This appeal from the grant of a divorce is without merit. The trial judge heard the case without a jury. His judgment does not disclose any details of the evidence adduced or what rulings were made […]

414 S.E.2d 197 GILLIS v. GOODGAME et al. S91G0973.Supreme Court of Georgia. DECIDED FEBRUARY 27, 1992. RECONSIDERATION DENIED APRIL 2, 1992. CLARKE, Chief Justice. Nancy Gillis sued Robert Smith, a physician, and James Goodgame, a radiological physicist, alleging “medical malpractice and negligence” in that they had “failed to exercise that degree of medical care, diligence […]

256 S.E.2d 353 GATLIN et al. v. THOMPSON. 34426.Supreme Court of Georgia.ARGUED JANUARY 15, 1979. DECIDED MAY 30, 1979. NICHOLS, Chief Justice. Gatlin sought habeas corpus to recover custody of his children from Thompson. Gatlin’s former wife had custody of the children. She married Thompson. She died. Thompson kept the children. Thompson filed in the […]

325 S.E.2d 159 IN THE MATTER OF JAMES E. NICHOLSON, JR. SUPREME COURT DISCIPLINARY NO. 430Supreme Court of Georgia. DECIDED JANUARY 30, 1985. PER CURIAM. James E. Nicholson, Jr. pled guilty to two felony counts contained in a criminal information in the United States District Court for the Northern District of Georgia. Both counts alleged […]

110 S.E.2d 655 McCRAY et al. v. CAVES. 20609.Supreme Court of Georgia.SUBMITTED SEPTEMBER 15, 1959. DECIDED OCTOBER 9, 1959. There were questions of fact under the evidence which should have been submitted to the jury, and the trial judge was not Page 381 authorized to direct a verdict finding the defendant to be the owner […]

232 S.E.2d 923 BARR et al. v. JACKSON COUNTY et al. 31790.Supreme Court of Georgia.ARGUED JANUARY 11, 1977. DECIDED FEBRUARY 8, 1977. JORDAN, Justice. C. W. Barr and other taxpayers appeal from the dismissal of their equitable action against Jackson County, members of the Board of Commissioners of Roads and Revenues, and tax officials. The […]

355 S.E.2d 649 SUAREZ v. SUAREZ. 44383.Supreme Court of Georgia. DECIDED MAY 19, 1987. MARSHALL, Chief Justice. In this divorce case, the jury awarded the appellee-wife alimony and child support, and a division of the parties’ property was also ordered. We granted the appellant-husband’s application for discretionary appeal for the purpose of deciding whether it […]

227 S.E.2d 749 STRESE v. STRESE. 31140.Supreme Court of Georgia.SUBMITTED MAY 17, 1976. DECIDED JULY 9, 1976. REHEARING DENIED JULY 23, 1976. HALL, Justice. This is a child custody case. The parties were divorced in 1975 and the custody of the couples’ two minor children was awarded to the mother. The trial judge awarded him […]

233 S.E.2d 351 HEALTH FACILITY INVESTMENTS, INC. et al. v. GEORGIA DEPARTMENT OF HUMAN RESOURCES et al. 31788.Supreme Court of Georgia.SUBMITTED DECEMBER 17, 1976. DECIDED FEBRUARY 9, 1977. REHEARING DENIED FEBRUARY 22, 1977. INGRAM, Justice. Appellant, operator of the Ansley Pavilion Nursing Home, sued the Department of Human Resources (DHR) and various officials connected with […]

365 S.E.2d 826 REITER v. REITER. 44809.Supreme Court of Georgia. DECIDED MARCH 17, 1988. CLARKE, Presiding Justice. Once again we review the live-in lover statute, this time examining the elements necessary to establish the right to seek modification of alimony. OCGA § 19-6-19 (b) provides in part: “Subsequent to a final judgment of divorce awarding […]

20 S.E.2d 257 STINSON v. DANIEL et al. 14071.Supreme Court of Georgia. APRIL 15, 1942. REHEARING DENIED MAY 20, 1942. 1. A deed of gift conveying to one child practically all of the grantor’s property will not be canceled at the instance of other heirs on the ground that it was procured by undue influence […]

522 S.E.2d 451 SIMMONS v. THE STATE. S99A1052.Supreme Court of Georgia. DECIDED: OCTOBER 18, 1999. THOMPSON, Justice. Sixteen-year-old Michael Edward Simmons was convicted by a jury of malice murder and rape in the death of his seven-year-old Page 564 half-sister, Dawn Worth.[1] Finding no reversible error, we affirm. The body of Dawn Worth was found […]

162 S.E.2d 395 HOGAN v. ATKINS. 24632.Supreme Court of Georgia.ARGUED MAY 14, 1968. DECIDED MAY 23, 1968. Code § 26-2701 is not unconstitutional for vagueness as violative of the due process of law clause of the Fourteenth Amendment to the United States Constitution. ARGUED MAY 14, 1968 — DECIDED MAY 23, 1968. Habeas corpus. Richmond […]

245 S.E.2d 297 TRUST COMPANY BANK v. UNION CIRCULATION COMPANY, INC. 33142.Supreme Court of Georgia.ARGUED MARCH 14, 1978. DECIDED MAY 23, 1978. UNDERCOFLER, Presiding Justice. This is a certiorari to the Court of Appeals. Union Circulation Co. v. Trust Co. Bank, 143 Ga. App. 715 (240 S.E.2d 100) (1977). Briefly the facts show Union’s executive […]

221 S.E.2d 10 WORTHEM v. THE STATE. 30393.Supreme Court of Georgia.SUBMITTED OCTOBER 3, 1975. DECIDED NOVEMBER 4, 1975. UNDERCOFLER, Presiding Justice. The only error presented in this appeal is whether the trial court erred in failing to charge without request on the impeachment of the appellant as a witness. We find no error Harvey v. […]

345 S.E.2d 596 BAILEY INVESTMENT COMPANY v. AUGUSTA-RICHMOND COUNTY BOARD OF ZONING APPEALS et al. 43408.Supreme Court of Georgia. DECIDED JULY 16, 1986. MARSHALL, Chief Justice. The question for decision in this case is whether a classification in a local zoning ordinance constitutes an unconstitutional denial of equal protection. For reasons which follow, we hold […]

250 S.E.2d 438 BROWN v. THE STATE. 33716.Supreme Court of Georgia.ARGUED SEPTEMBER 20, 1978. DECIDED NOVEMBER 7, 1978. REHEARING DENIED NOVEMBER 21, 1978. MARSHALL, Justice. This case is here on certiorari. As stated in the Court of Appeals’ opinion, the appellant and the deceased became involved in a scuffle, as a result of which the […]

684 S.E.2d 257 FAVORITO et al. v. HANDEL et al. No. S09A1367.Supreme Court of Georgia. DECIDED SEPTEMBER 28, 2009. CARLEY, Presiding Justice. After a Pilot Project was conducted in 2001 pursuant to Ga. L. 2001, pp. 269, 285, § 19, the General Assembly established a uniform direct recording electronic (DRE) voting system. Ga. L. 2002, […]

68 S.E.2d 692 WIMBERLY v. JONES. 17681.Supreme Court of Georgia.ARGUED NOVEMBER 14, 1951. DECIDED JANUARY 16, 1952. REHEARING DENIED JANUARY 29, 1952. 1. In an equitable partition proceeding, the evidence demanding a finding that the plaintiff and defendant each owned a one-half undivided interest in the property sought to be partitioned, as contended by the […]

254 S.E.2d 842 SPELL v. BLALOCK. 34553.Supreme Court of Georgia.ARGUED FEBRUARY 20, 1979. DECIDED APRIL 5, 1979. NICHOLS, Chief Justice. This case arises from an attempt by Blalock, the county administrator of Wayne County, to suspend or discharge Spell, the chief tax appraiser. The procedural aspects of the case are considered in passing upon Blalock’s […]

411 S.E.2d 268 IN THE MATTER OF JAY JENKINS. SUPREME COURT DISCIPLINARY NO. 911.Supreme Court of Georgia. DECIDED OCTOBER 3, 1991. PER CURIAM. Acting pursuant to State Bar Rule 4-203 (b) (4), Jay Jenkins filed with the Review Panel of the State Bar of Georgia a petition for voluntary surrender of his license to practice […]

379 S.E.2d 775 HATCHER v. THE STATE. 46271.Supreme Court of Georgia. DECIDED MAY 25, 1989. RECONSIDERATION DENIED JUNE 22, 1989. GREGORY, Justice. Ricky Dane Hatcher pled guilty in Cobb County to an indictment charging him with the murder of Lisa McMichen and her mother, Francis McMichen. A sentencing hearing was conducted before a jury and […]

113 S.E.2d 624 KENNER et al. v. KENNER et al. 20811.Supreme Court of Georgia.SUBMITTED FEBRUARY 8, 1960. DECIDED MARCH 16, 1960. REHEARING DENIED MARCH 30, 1960. A petition which alleges that the grantor in a deed is incapable of contracting or of understanding the nature of a contract from a given date until his death […]

659 S.E.2d 370 RHODES v. THE STATE. No. S08A0196.Supreme Court of Georgia. DECIDED MARCH 31, 2008. SEARS, Chief Justice. In 2007, William Todd Rhodes entered a negotiated plea of nolo contendere to DUI charges. Rhodes appeals, arguing that the exclusion of DUI offenses from the coverage of the First Offender Act[1] violates his right to […]

177 S.E.2d 376 DOTSON et al. v. HANNAFORD et al. 25966.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1970. DECIDED OCTOBER 8, 1970. Under the terms of the restrictive covenants, the stipulated facts did not authorize the trial judge to grant a temporary injunction against the maintenance of a mobile home on a lot in a restricted […]

344 S.E.2d 207 HULLENDER v. THE STATE. 43078.Supreme Court of Georgia. DECIDED MAY 29, 1986. RECONSIDERATION DENIED JUNE 25, 1986. MARSHALL, Chief Justice. The appellant, Joey Hullender, was convicted of the murder of Richard Moore, Jr. He was sentenced to life imprisonment. He appeals. We affirm.[1] The appellant and his uncle, Clifford Hullender, were at […]

24 S.E.2d 381 EVERITT v. LASPEYRE. 14396.Supreme Court of Georgia. FEBRUARY 9, 1943. A child adopted by one who was the life-tenant under a devise in a will which in effect gave property for life to the daughter of the testator, and at her death, leaving child or children surviving her, then “to her heirs […]

673 S.E.2d 233 IN THE MATTER OF JOHN M. SHINALL. No. S08Y2018.Supreme Court of Georgia. DECIDED FEBRUARY 9, 2009. PER CURIAM. This matter is before the Court on the Notice of Discipline filed by the State Bar against Respondent John M. Shinall in which it alleged that Shinall violated Rules 1.3, 1.4, 3.2, and 9.3 […]

668 S.E.2d 256 IN THE MATTER OF JOHN ALFRED ROBERTS. No. S08Y1740.Supreme Court of Georgia. DECIDED OCTOBER 6, 2008. PER CURIAM. This disciplinary matter is before the Court on John Alfred Roberts’ petition for voluntary discipline. Roberts seeks the imposition of a six-month suspension for his violation of Rule 8.4 (a) (4) of the Rules […]

90 S.E.2d 408 TINGLE v. SEIGNIOUS. 19142.Supreme Court of Georgia.SUBMITTED OCTOBER 11, 1955. DECIDED NOVEMBER 14, 1955. CANDLER, Justice. Where one, as here, while negotiating for the purchase of realty, has an opportunity to examine it before agreeing to buy, but fails to do so and voluntarily relies on statements made by the seller concerning […]

249 S.E.2d 224 MAYOR C. OF SAVANNAH v. PALMERIO et al. 33708.Supreme Court of Georgia.ARGUED SEPTEMBER 20, 1978. DECIDED OCTOBER 25, 1978. MARSHALL, Justice. The plaintiffs, who are husband and wife, were injured in a head-on collision in the middle, or reversible, lane of a three-laned viaduct on U.S. Highway 80 on Bay Street in […]

163 S.E.2d 717 WADE et al. v. HOWELL et al.; and vice versa. 24708, 24746.Supreme Court of Georgia.ARGUED JUNE 11, 1968. DECIDED SEPTEMBER 24, 1968. REHEARING DENIED OCTOBER 10, 1968. DUCKWORTH, Chief Justice. This litigation involves (1) the location of a dividing line between the parties, (2) an alleged continuing trespass, (3) damages for timber […]

67 S.E.2d 221 JOYNER v. THE STATE. 17544.Supreme Court of Georgia.SUBMITTED SEPTEMBER 10, 1951. DECIDED OCTOBER 10, 1951. 1. In the absence of a proper request therefor, the charge as given upon malice — a necessary element of murder — was sufficient. If the defendant desired fuller instructions upon that subject of the law, the […]

35 S.E.2d 362 DANIELS v. THE STATE. 15225.Supreme Court of Georgia. SEPTEMBER 7, 1945. REHEARING DENIED OCTOBER 5, 1945. JENKINS, Presiding Justice. 1. The evidence fully warranted the verdict. 2. The evidence of an eye-witness, corroborated by proof of incriminating statements by the defendant, not being limited to proof of circumstances tending to show the […]

9 S.E.2d 162 PERRY v. HARPER et al. 13311.Supreme Court of Georgia. MAY 14, 1940. DUCKWORTH, Justice. 1. This is a companion case to Harper v. Perry, ante, where it was held: “Where a motion for new trial is pending in the superior court, there is no provision of law authorizing the movant to file […]

554 S.E.2d 458 HARRIS v. THE STATE. S01A1236.Supreme Court of Georgia. DECIDED: OCTOBER 22, 2001. CARLEY, Justice. A jury convicted Preston Lewis Harris of malice murder and two alternative counts of felony murder, armed robbery, theft by taking and possession of a knife during the commission of a felony. Concluding that the evidence sufficiently supported […]

112 S.E.2d 767 CLAY v. SMITH (three cases). 20693, 20694, 20695.Supreme Court of Georgia.ARGUED NOVEMBER 10, 1959. DECIDED JANUARY 8, 1960. REHEARING DENIED FEBRUARY 11, 1960. The assignments of error show no cause for reversal of the judgments of the trial court. ARGUED NOVEMBER 10, 1959 — DECIDED JANUARY 8, 1960 — REHEARING DENIED FEBRUARY […]

194 S.E.2d 435 DUNBAR v. GREEN et al. 27540.Supreme Court of Georgia.ARGUED NOVEMBER 13, 1972. DECIDED DECEMBER 4, 1972. UNDERCOFLER, Justice. This litigation involves a professional association known as the Sparta Medical Clinic, P.A. The pleadings show that the stock of the association is owned by three doctors in equal amounts. In acquiring his stock […]

326 S.E.2d 744 GEORGE et al. v. ASHLAND-WARREN, INC. 41440.Supreme Court of Georgia. DECIDED MARCH 14, 1985. HILL, Chief Justice. While working as a project engineer for the Georgia Department of Transportation (DOT) on a road construction project, Joe Allen George was struck and killed by a piece of earth-moving equipment owned and operated by […]

524 S.E.2d 729 IN RE: P.H.M.T. Bar Admissions Docket No. 179 S00A0716.Supreme Court of Georgia. DECIDED: JANUARY 24, 2000. PER CURIAM. In this case, the Board to Determine Fitness of Bar Applicants (the “Board”) initially granted the applicant, P.H.M.T., a temporary certification of fitness to practice law. The Board, however, subsequently rescinded its temporary certification, […]