Category: Georgia Supreme Court Opinions

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 […]

684 S.E.2d 598 COE v. COE. No. S09F0808.Supreme Court of Georgia. DECIDED OCTOBER 5, 2009. THOMPSON, Justice. Plaintiff Donna Coe (“wife”) and defendant William Coe (“husband”) purchased a home in 1990, not long after they were married. Title to the property was placed jointly in their names. In 2006 wife filed an action for divorce, […]

369 S.E.2d 901 IN THE MATTER OF ROBERT MADRAY. SUPREME COURT DISCIPLINARY NO. 591Supreme Court of Georgia. DECIDED JULY 13, 1988. PER CURIAM. The State Bar of Georgia brought disciplinary proceedings against Robert Madray, charging him with violations of Standard 4 (professional conduct involving dishonesty, fraud, deceit, or wilful misrepresentation), Standard 45 (knowingly making a […]

323 S.E.2d 801 INGRAM v. THE STATE. 41100.Supreme Court of Georgia. DECIDED NOVEMBER 27, 1984. REHEARING DENIED DECEMBER 12, 1984. HILL, Chief Justice. This is a death penalty case. Defendant Nicholas Lee Ingram was tried by a jury Cobb County for murder, aggravated assault, and two counts of armed robbery ($60 and a pickup truck). […]

5 S.E.2d 883 OWENS v. OWENS. 13100.Supreme Court of Georgia. NOVEMBER 29, 1939. JENKINS, Justice. 1. While an affidavit in forma pauperis, under the Code, §§ 6-1002 (2), 24-3623, for the purpose of bringing a bill of exceptions to this court, can not properly be filed in the trial court until after the rendition of […]

39 S.E.2d 313 DWYER, alias WRIGHT, v. JONES. 15542.Supreme Court of Georgia. SEPTEMBER 6, 1946. DUCKWORTH, Justice. 1. The petition of a judgment creditor, which sought to sell the equity of redemption in described land belonging to the defendant in fi. fa., which land was subject to a loan deed that was superior to the […]

281 S.E.2d 612 HENDRICKS v. STYNCHCOMBE et al. 37788.Supreme Court of Georgia. DECIDED SEPTEMBER 17, 1981. GREGORY, Justice. Petitioner Tyrone B. Hendricks, was convicted of armed robbery and sentenced to serve twenty years in the penitentiary. His conviction was affirmed by the Court of Appeals in Hendricks v. State, 157 Ga. App. 715 (278 S.E.2d […]

14 S.E.2d 735 HARTSFIELD COMPANY v. WILLIS et al. 13711.Supreme Court of Georgia. MAY 17, 1941. BELL, Justice. 1. The plaintiff sought, among other things, to recover a sum of money alleged to have been paid to the defendant, in excess of the principal amount of a loan claimed by the plaintiff to have been […]

640 S.E.2d 32 IN THE MATTER OF DANIEL G. CALUGAR. No. S07Y0104.Supreme Court of Georgia. DECIDED JANUARY 8, 2006. PER CURIAM. This disciplinary matter is before the Court pursuant to Respondent Daniel G. Calugar’s petition for voluntary surrender of license which he filed pursuant to Bar Rule 4-227 (b) prior to the issuance of a […]

34 S.E.2d 454 MATTHEWS et al. v. GRACE. 15151.Supreme Court of Georgia. MAY 10, 1945. REHEARING DENIED JUNE 7, 1945. 1. “The exclusive possession by a child of lands belonging originally to the father, without payment of rent, for the space of seven years, shall create conclusive presumption of a gift, and convey title to […]

419 S.E.2d 918 PULLIAM v. GEORGIA FIREMEN’S PENSION FUND et al. S92A0510.Supreme Court of Georgia. DECIDED SEPTEMBER 11, 1992. BENHAM, Justice. After receiving a disability pension from the Georgia Firemen’s Pension Fund for almost 20 years, appellant was notified that his pension would be terminated. The termination was a result of the 1989 amendments to […]

27 S.E.2d 698 MAYS v. PERRY. 14599.Supreme Court of Georgia. OCTOBER 7, 1943. REHEARING DENIED NOVEMBER 12, 1943. A complainant who seeks relief based on the doctrine of trusts ex maleficio must allege more than the breach of a verbal promise. There must be an unequivocal allegation of positive fraud accompanying the promise, by means […]

177 S.E.2d 227 UNITED BONDING INSURANCE COMPANY v. NOBLES INSULATION COMPANY. 26032.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1970. DECIDED OCTOBER 8, 1970. ALMAND, Chief Justice. The ruling in United Bonding Ins. Co. v. Bray Lumber Co., 226 Ga. 765, controls and is decisive of the issue raised in this appeal. Judgment affirmed. All the Justices […]

374 S.E.2d 736 IN THE MATTER OF S. ALLEN FRAZIER, JR. SUPREME COURT DISCIPLINARY NOS. 615, 616 626Supreme Court of Georgia. DECIDED JANUARY 11, 1989. PER CURIAM. Case No. 615 Respondent, S. Allen Frazier, Jr., a licensed member of the State Bar of Georgia, failed to respond to any of the State Bar disciplinary proceedings […]

504 S.E.2d 665 SAPP et al. v. OWENS. S98A1078.Supreme Court of Georgia. DECIDED SEPTEMBER 21, 1998 — RECONSIDERATION DENIED OCTOBER 23, 1998. CARLEY, Justice. The Sapps brought suit, seeking to enjoin Owens’ alleged obstruction of an easement of access to their property. The trial court issued a temporary restraining order (TRO) and scheduled a hearing […]

573 S.E.2d 73 SHADRON v. THE STATE S02A0841.Supreme Court of Georgia. Decided November 25, 2002 BENHAM, Justice. This is an appeal from Gary Layton Shadron’s conviction for felony murder.[1] In August 1998, Shadron was living with Mindy Hunt Page 768 and her six-month-old son Kendall. Because of previous incidents in which Shadron bruised Kendall by […]

516 S.E.2d 296 STATESBORO PUBLISHING COMPANY, INC. v. CITY OF SYLVANIA. S99A0474.Supreme Court of Georgia. DECIDED: MAY 17, 1999. FLETCHER, Presiding Justice. Statesboro Publishing Company delivers the Penny-Saver, a weekly shopper newspaper, without charge to Sylvania city residents by throwing the paper in yards or driveways. To deal with the litter caused by unclaimed papers, […]

30 S.E.2d 470 STEPHENS v. WOHLWENDER et al. 14838.Supreme Court of Georgia. MAY 3, 1944. REHEARING DENIED JUNE 9, 1944. In a quo warranto proceeding wherein the plaintiff claims title to the office in question, he may recover on the strength of his own title to the office, and not on any weakness in the […]

223 S.E.2d 633 ALLEN v. RICKETTS. 30481.Supreme Court of Georgia.ARGUED NOVEMBER 10, 1975. DECIDED FEBRUARY 2, 1976. INGRAM, Justice. This habeas corpus appeal from Butts Superior Court raises due process issues growing out of appellant’s transfer, without a hearing, from the state’s juvenile institutional system to the penal system of the state. The issues here […]

230 S.E.2d 294 BIRKS v. THE STATE. 31596.Supreme Court of Georgia.SUBMITTED OCTOBER 12, 1976. DECIDED NOVEMBER 2, 1976. INGRAM, Justice. Appellant was convicted in the Clarke Superior Court of armed robbery and aggravated assault. He received a sentence of 20 years imprisonment on the armed robbery count and a sentence of 10 years to be […]

365 S.E.2d 438 PORTER v. THE STATE. 45302.Supreme Court of Georgia. DECIDED MARCH 16, 1988. CLARKE, Presiding Justice. Appellant Porter was convicted of the armed robbery and the felony murder of Willie Perkins, Sr. on June 27, 1983. He received a sentence of life in prison and a term of years.[1] Mr. Perkins owned the […]

219 S.E.2d 761 RAY v. THE STATE. 30260.Supreme Court of Georgia.SUBMITTED AUGUST 22, 1975. DECIDED OCTOBER 28, 1975. NICHOLS, Chief Justice. The defendant was indicted and tried for the offense of murder in Gilmer Superior Court. He was convicted and given a life sentence from which he appeals and enumerates eight alleged errors. 1. The […]

417 S.E.2d 149 HOPGOOD v. THE STATE. S92A0158.Supreme Court of Georgia. DECIDED JUNE 25, 1992. BELL, Justice. Michael Hopgood appeals from his convictions and sentences for the malice murders and armed robberies of Hak Soo Song and Ae Rim Song.[1] The sole enumeration is that the evidence was insufficient to support the verdict. We find […]

184 S.E.2d 466 TODD v. STYNCHCOMBE. 26698.Supreme Court of Georgia.ARGUED SEPTEMBER 16, 1971. DECIDED OCTOBER 7, 1971. HAWES, Justice. The appeal in this case (denominated as an appeal from the denial of a habeas corpus) was filed on June 17, 1971, 45 days after the date of the entry of the judgment appealed from. Assuming, […]

166 S.E.2d 884 DEMPSEY v. THE STATE. 25085.Supreme Court of Georgia.SUBMITTED MARCH 10, 1969. DECIDED MARCH 20, 1969. REHEARING DENIED APRIL 3, 1969. FRANKUM, Justice. The appeal in this case is “from the judgment of conviction” of the offense of robbery by use of an offensive weapon and from the sentence entered thereon. The sole […]

169 S.E.2d 167 FIFE v. JOHNSTON et al. 25208.Supreme Court of Georgia.ARGUED JUNE 12, 1969. DECIDED JULY 10, 1969. REHEARING DENIED JULY 24, 1969. DUCKWORTH, Chief Justice. In considering the constitutional attack on Code Ann. § 6-701, we find that the right of appeal is not absolute, but is one based upon the conditions imposed […]

268 S.E.2d 156 SANDERS et al. v. DARNELL et al. 35866.Supreme Court of Georgia.ARGUED FEBRUARY 11, 1980. DECIDED MAY 21, 1980. REHEARING DENIED JUNE 9, 1980. The opinion of the trial court is affirmed without opinion pursuant to Rule 59. All the Justices concur. ARGUED FEBRUARY 11, 1980 — DECIDED MAY 21, 1980 — REHEARING […]

180 S.E.2d 896 PRESSLEY et al. v. JENNINGS et al. 26187.Supreme Court of Georgia.ARGUED NOVEMBER 10, 1971. DECIDED MARCH 4, 1971. REHEARING DENIED MARCH 18, 1971. The evidence supported the verdict for appellee Jennings, and the assignments of error of appellants are without merit. ARGUED NOVEMBER 10, 1971 — DECIDED MARCH 4, 1971 — REHEARING […]

84 S.E.2d 81 TOUCHTON v. ECHOLS COUNTY. 18743.Supreme Court of Georgia.ARGUED SEPTEMBER 16, 1954. DECIDED OCTOBER 11, 1954. 1. The petition, as amended, stated a cause of action for mandamus, and the court did not err in overruling the demurrers of the respondent. 2. The amendment to the response, in so far as it related […]

126 S.E.2d 623 HEAD v. STEPHENS et al. 21710.Supreme Court of Georgia.ARGUED JULY 9, 1962. DECIDED JULY 16, 1962. CANDLER, Justice. On a prior appearance of this case, it was unanimously held that the allegations of the petition as amended were sufficient to state a proper cause for the reformation of a deed which the […]

137 S.E.2d 39 STATE HIGHWAY DEPARTMENT v. HOLLEMAN, Intervenor. 22493.Supreme Court of Georgia.ARGUED MAY 11, 1964. DECIDED MAY 19, 1964. REHEARING DENIED JUNE 1, 1964. MOBLEY, Justice. The State Highway Department brought proceedings in the Superior Court of Peach County against certain described lands and Robert Hatcher, Lewis Lavine, Pearl Lavine, and Mrs. S. L. […]

708 S.E.2d 260 HERBERT v. THE STATE. No. S10A1830.Supreme Court of Georgia. DECIDED MARCH 18, 2011. NAHMIAS, Justice. Jermarae Herbert appeals his 2008 convictions for felony murder and other crimes in connection with the shooting death of Perry Phillips. We affirm.[1] 1. The evidence at trial, viewed in the light most favorable to the verdict, […]

16 S.E.2d 853 BROWN v. BROWN. 13837.Supreme Court of Georgia. SEPTEMBER 10, 1941. REHEARING DENIED OCTOBER 14, 1941. JENKINS, Justice. 1. In every case of an escrow, the person to whom the deed is delivered must, by mutual consent, be constituted the agent of both parties. Wellborn v. Weaver, 17 Ga. 267, 275 (63 Am. […]

622 S.E.2d 328 WESTMORELAND v. WESTMORELAND et al. S05A1911.Supreme Court of Georgia. DECIDED NOVEMBER 21, 2005. THOMPSON, Justice. Charles Westmoreland was an employee of the City of Rome. As I a city employee, he was enrolled in several benefits packages, including the Georgia Municipal Employees Benefit System Retirement Plan. Charles married Brenda Lynn Westmoreland on […]

159 S.E.2d 69 GRIMES, Sheriff v. BURCH, alias Jones. 24403.Supreme Court of Georgia.SUBMITTED DECEMBER 12, 1967. DECIDED JANUARY 4, 1968. Appellee’s detention is by virtue of a conviction for the offense of escape and not by virtue of the offense of “plain drunk,” and the defense of being a chronic alcoholic is not an excuse […]

347 S.E.2d 565 LAWSON v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY. 43286.Supreme Court of Georgia. DECIDED SEPTEMBER 3, 1986. RECONSIDERATION DENIED SEPTEMBER 18, 1986. GREGORY, Justice. This case is before the court on a certified question from the U.S. Court of Appeals for the Eleventh Circuit. The facts and the question, as set out in […]

39 S.E.2d 655 ROWLAND et al. v. SUMNER et al. 15559.Supreme Court of Georgia. SEPTEMBER 7, 1946. DUCKWORTH, Justice. 1. Where land is conveyed subject to a dowry therein, title passes to the grantee in such conveyance, but the right of possession is postponed until the death of the dowress, at which time the grantee […]

102 S.E.2d 3 STATE HIGHWAY DEPARTMENT OF GEORGIA v. STRICKLAND et al. 19919.Supreme Court of Georgia.SUBMITTED JANUARY 13, 1958. DECIDED FEBRUARY 7, 1958. 1. Where the State Highway Board proposes to install traffic-control devices, such as curbs or barriers, in the highway right of way which is under its control and management, and such installation […]

443 S.E.2d 836 BAILEY v. THE STATE. S94A0730.Supreme Court of Georgia. DECIDED MAY 31, 1994. RECONSIDERATION DENIED JUNE 24, 1994. HUNSTEIN, Justice. Appellant was convicted of malice murder and theft by taking.[1] His trial counsel filed a timely motion for new trial, alleging, inter alia, that the evidence was insufficient to support the convictions. However, […]

463 S.E.2d 685 GODWIN v. GODWIN et al. S95A0988.Supreme Court of Georgia. DECIDED NOVEMBER 20, 1995. HINES, Justice. This is a dispute between a mother and son over ownership of land. On December 12, 1986, Vada Westberry Godwin purportedly executed a deed conveying a life estate in approximately 245 acres to her son, Joe Earl […]

97 S.E.2d 580 PARKER v. PARKER. 19641.Supreme Court of Georgia.ARGUED MARCH 12, 1957. DECIDED APRIL 9, 1957. REHEARING DENIED APRIL 24, 1957. WYATT, Presiding Justice. Inez Collins Parker filed habeas corpus proceedings in DeKalb Superior Court against her former husband James C. Parker, seeking the custody of minor children of the petitioner and the defendant. […]

54 S.E.2d 410 TURNER v. TURNER. 16666.Supreme Court of Georgia. JUNE 13, 1949. REHEARING DENIED JULY 14, 1949. ATKINSON, Presiding Justice. This is an assignment of error to an order granting temporary alimony, and the sole question presented is as to the sufficiency of evidence to authorize the order; and there being no bona fide […]

380 S.E.2d 257 THE STUART-JAMES COMPANY, INC. v. TANNER et al. 46418.Supreme Court of Georgia. DECIDED JUNE 22, 1989. HUNT, Justice. We granted The Stuart-James Company, Inc.’s application to appeal the ruling of the superior court affirming the decision of the Department of Labor that it is not exempt from unemployment taxes under the provisions […]

515 S.E.2d 145 ALEXANDER v. MOSLEY et al. S99A0410.Supreme Court of Georgia. DECIDED: APRIL 12, 1999 HUNSTEIN, Justice. This action was brought by Gregory and Felecia Mosley against Linda Alexander seeking relief under the Family Violence Act, OCGA § 19-13-1 et. seq., and to set aside transfers of real and personal property. This appeal solely […]

77 S.E.2d 721 FOUNTAIN v. GRANT. 18298.Supreme Court of Georgia.ARGUED JULY 13, 1953. DECIDED SEPTEMBER 14, 1953. REHEARING DENIED SEPTEMBER 28, 1953. HAWKINS, Justice. On another phase of this litigation this court held: “On the hearing of an application for an interlocutory injunction to restrain the defendant from selling a certain tract of land under […]

711 S.E.2d 634 BORING v. THE STATE. No. S11A0536.Supreme Court of Georgia. DECIDED MAY 31, 2011. HUNSTEIN, Chief Justice. Appellant Courtney Boring was convicted of murdering her mother, Debra Boring, and sentenced to life imprisonment plus a consecutive five-year term for firearm possession.[1] Because the trial court allowed the State to introduce improper and prejudicial […]

161 S.E.2d 294 NEW ORLEANS NORTHEASTERN RAILROAD COMPANY v. PIONEER PLASTICS CORPORATION. 24536.Supreme Court of Georgia.ARGUED MARCH 12, 1968. DECIDED APRIL 8, 1968. It was error to deny the railroad company’s motion to dismiss the complaint on the ground that it alleged no claim upon which relief could be granted, to enjoin the railroad from […]

372 S.E.2d 223 CRUICKSHANK v. THE STATE. 45856.Supreme Court of Georgia. DECIDED SEPTEMBER 29, 1988. WELTNER, Justice. 1. The trial court’s refusal to allow Anderson, who is not a member of the State Bar of Georgia, to sit at the defense table during trial was not a denial of Cruickshank’s constitutional right to counsel, nor […]

239 S.E.2d 5 MAULDIN v. THE STATE. 32564.Supreme Court of Georgia.SUBMITTED JULY 29, 1977. DECIDED SEPTEMBER 27, 1977. HILL, Justice. The defendant was convicted by a jury of rape, kidnapping and aggravated assault and was sentenced to life imprisonment for rape and consecutive terms of 20 years for kidnapping and 10 years for aggravated assault. […]

340 S.E.2d 919 PHILLIPS v. THE STATE. 42864.Supreme Court of Georgia. DECIDED MARCH 19, 1986. HILL, Chief Justice. Rubin Lamar Phillips was convicted of murdering his estranged wife, Dianne Lewis Phillips, on September 12, 1984, at the Upson Page 540 County courthouse square. He was sentenced to life and appeals.[1] After 12 years of marriage, […]

240 S.E.2d 551 RITCHIE v. THE STATE. 32723.Supreme Court of Georgia.SUBMITTED SEPTEMBER 2, 1977. DECIDED OCTOBER 21, 1977. PER CURIAM. The appellant has been convicted of distributing obscene materials in violation of Code Ann. § 26-2101. On appeal he raises issues identical to those raised in Pierce v. State, 239 Ga. 844 (1977), seeking to […]

182 S.E.2d 443 MARTIN v. SMITH. 26500.Supreme Court of Georgia.SUBMITTED MAY 10, 1971. DECIDED JUNE 2, 1971. FELTON, Justice. Since the petition for the writ of habeas corpus complains for the first time that the charge on alibi in the criminal trial deprived petitioner of due process of law, the appeal from the denial of […]

181 S.E.2d 865 LUNSFORD v. FULTON COUNTY et al. 26353.Supreme Court of Georgia.SUBMITTED MARCH 9, 1971. DECIDED MAY 6, 1971. HAWES, Justice. This is a suit brought by Lunsford against Fulton County, Q. S. King Co., Inc., Mrs. Mittie Cate King and King-Williams Land Co., Inc., in which the plaintiff sought a temporary and permanent […]

9 S.E.2d 247 GRIZZEL v. GRIZZEL. 13251.Supreme Court of Georgia. MAY 14, 1940. JENKINS, Justice. A wife sued her husband to recover or obtain a decree of title in her to certain money, as well as several thousand dollars worth of other property belonging to her as having been purchased with her funds. The judge […]

233 S.E.2d 772 DYER v. ALLEN et al. 31704.Supreme Court of Georgia.SUBMITTED NOVEMBER 22, 1976. DECIDED MARCH 10, 1977. GUNTER, Justice. In December of 1974, appellant, the natural father of the child involved in this litigation, brought a habeas action in Fulton Superior Court against the maternal grandparents, the appellees here, who had possession of […]

145 S.E.2d 563 BANKS et al. v. HARDEN. 23067.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1965. DECIDED NOVEMBER 4, 1965. The trial judge did not err in denying the motion for new trial and the motion for judgment notwithstanding the verdict. ARGUED SEPTEMBER 13, 1965 — DECIDED NOVEMBER 4, 1965. Specific performance. Banks Superior Court. Before […]

696 S.E.2d 629 BARNES v. THE STATE. No. S10A0323.Supreme Court of Georgia. DECIDED JUNE 28, 2010. THOMPSON, Justice. Defendant Joshua Barnes was convicted of malice murder and other crimes in connection with the shooting deaths of Timothy Henley and Natalie Nichols.[1] He appeals, asserting, inter alia, the Page 424 trial court erred in admitting statements […]

661 S.E.2d 552 BROWNING v. THE STATE. No. S08A0541.Supreme Court of Georgia. DECIDED MAY 19, 2008. HINES, Justice. A jury found Robert L. Browning guilty of felony murder while in the commission of aggravated assault, aggravated assault, and possession of a firearm during the commission of a felony in connection with the fatal shooting of […]

319 S.E.2d 861 GIBBONS v. THE STATE. 41129.Supreme Court of Georgia. DECIDED SEPTEMBER 6, 1984. CLARKE, Justice. The single issue presented in this appeal is whether statements made by appellant to police were inadmissible because of appellant’s warrantless arrest. The victim, Michael Moate, and his homosexual lover lived together in an apartment. After Moate and […]

10 S.E.2d 66 FIRST NATIONAL BANK OF CORNELIA v. KELLY et al. 13153.Supreme Court of Georgia. JUNE 11, 1940. REHEARING DENIED JULY 19, 1940. 1. Valuable consideration of deed by father to children, based on his liability to them for their shares of money left by their mother. 2. Delivery of deed shown by evidence. […]

266 S.E.2d 214 BLAIR v. THE STATE. 36002.Supreme Court of Georgia.SUBMITTED FEBRUARY 29, 1980. DECIDED APRIL 9, 1980. BOWLES, Justice. Eddie Blair, Jr. was indicted by a grand jury in Richmond County, Georgia for the offense of murder of one William Harper. Following a trial by jury he was found guilty and sentenced to life […]

642 S.E.2d 806 YOUNG v. THE STATE. No. S06A1922.Supreme Court of Georgia. DECIDED MARCH 26, 2007. HINES, Justice. This Court granted Kareem Kenyatta Young’s (`Young”) application for interlocutory appeal of the trial court’s ruling that the State could introduce evidence of a prior act at his trial. Finding that even though the trial court misapplied […]

95 S.E.2d 679 FUNDERBURK v. FUNDERBURK. 19438.Supreme Court of Georgia.SUBMITTED SEPTEMBER 10, 1956. DECIDED DECEMBER 5, 1956. WYATT, Presiding Justice. Plaintiff in error brought suit against defendant in error, seeking a total divorce. The defendant answered, denying the Page 741 material allegations of the petition. The jury returned a verdict in favor of a total […]

694 S.E.2d 346 CARDINAL ROBOTICS, INC. v. MOODY. No. S09A1413.Supreme Court of Georgia. DECIDED MARCH 22, 2010. RECONSIDERATION DENIED APRIL 9, 2010. HINES, Justice. This is an appeal from orders issued in relation to an action to partition real property in Fannin County. The challenge made is to the refusal to disqualify counsel and its […]

138 S.E.2d 268 BRINSON v. THORNTON et al. 22573.Supreme Court of Georgia.ARGUED JULY 13, 1964. DECIDED SEPTEMBER 11, 1964. The evidence demanded a finding that the petitioner had actual knowledge of the partition proceeding, allowed it to proceed to final judgment without protest of any kind, and did not move to set it aside within […]

653 S.E.2d 31 ROGERS v. THE STATE. No. S07A1210.Supreme Court of Georgia. DECIDED NOVEMBER 5, 2007. HUNSTEIN, Presiding Justice. James Randall Rogers was convicted of murder and sentenced to death in 1985. See Rogers v. State, 256 Ga. 139 (344 SE2d 644) (1986). Rogers thereafter sought habeas corpus relief alleging that he is mentally retarded. […]

635 S.E.2d 105 AMIN et al. v. GURUOM, INC. S06A0307.Supreme Court of Georgia. DECIDED JULY 27, 2006. RECONSIDERATION DENIED SEPTEMBER 18, 2006. BENHAM, Justice. Appellants Vanlila and Kirit Amin filed a petition to quiet title to a .529-acre parcel of land in Henry County, and sought reformation of certain deeds in order to have the […]

673 S.E.2d 249 WRIGHT v. THE STATE. No. S08A1825.Supreme Court of Georgia. DECIDED FEBRUARY 23, 2009. BENHAM, Justice. Appellant Christopher Wright appeals his conviction for malice murder, felony murder, and cruelty to children arising from the Page 58 death of his stepdaughter, five-year-old India Barrow.[1] At trial, it was shown that on the night of […]

16 S.E.2d 431 ALFORD v. THE STATE. 13852.Supreme Court of Georgia. SEPTEMBER 9, 1941. JENKINS, Justice. The bill of exceptions assigns error on a judgment overruling a motion for new trial based only on the general grounds, and complains of a conviction for rape. The corroborated testimony of the victim, her positive identification of the […]

235 S.E.2d 35 HELTON v. ZELLMER. 32153.Supreme Court of Georgia.ARGUED APRIL 12, 1977. DECIDED APRIL 27, 1977. REHEARING DENIED MAY 11, 1977. INGRAM, Justice. Appellant filed a caveat to the probate of the purported last will and testament of Mrs. Mamie V. Helton in the Probate Court of Baldwin County. That court ruled against the […]

271 S.E.2d 356 BRANTLEY COMPANY et al. v. BRISCOE et al. 36452.Supreme Court of Georgia.ARGUED JULY 9, 1980. DECIDED SEPTEMBER 9, 1980. CLARKE, Justice. We are called upon to decide whether a covenant not to sue executed by a party to an earlier suit bars a subsequent action when neither the parties nor the subject […]

667 S.E.2d 85 CUYUCH v. THE STATE. No. S07G1789.Supreme Court of Georgia. DECIDED SEPTEMBER 22, 2008. SEARS, Chief Justice. We granted certiorari in this case to consider whether the Court of Appeals erred in affirming the trial court’s admission into evidence of statements made to police officers by the victim and one of the victim’s […]

205 S.E.2d 210 ROBINSON v. THE STATE. 28603.Supreme Court of Georgia.ARGUED FEBRUARY 11, 1974. DECIDED APRIL 4, 1974. REHEARING DENIED APRIL 23, 1974. HALL, Justice. Willie E. Robinson appeals from his conviction of Page 124 rape and sentence to life imprisonment. The trial evidence tended to show that the victim, a six-year-old girl, after a […]

604 S.E.2d 485 LEWIS v. LEWIS. S04A1563.Supreme Court of Georgia. DECIDED OCTOBER 25, 2004. THOMPSON, Justice. During the pendency of the parties’ divorce proceedings, a temporary order was entered granting custody of the minor children to plaintiff Gloria J. Lewis, and requiring defendant Terry M. Lewis to pay $950 per month as temporary support and […]

136 S.E.2d 348 MURRY v. LETT. 22386.Supreme Court of Georgia.ARGUED MARCH 10, 1964. DECIDED APRIL 13, 1964. 1. The allegations of the instant petition were sufficient to show a modification of the time installment payments under a security deed were to be made, which quasi-contract was binding on the defendant until she gave reasonable notice […]

117 S.E.2d 538 NEW AMSTERDAM CASUALTY CO. et al. v. FREELAND, Guardian, et al. 20990.Supreme Court of Georgia.ARGUED OCTOBER 10, 1960. DECIDED NOVEMBER 10, 1960. REHEARING DENIED NOVEMBER 22, 1960. Where the stipulated and agreed facts show that the natural children of an employee, who was killed as the result of an injury arising out […]

658 S.E.2d 635 DOUBLE “D” BAR “C” RANCH v. BELL et al. No. S07A1819.Supreme Court of Georgia. DECIDED MARCH 10, 2008. RECONSIDERATION DENIED MARCH 31, 2008. HUNSTEIN, Presiding Justice. Double “D” bar “C” Ranch brought a quiet title action regarding a 25.09 acre parcel of land situated between Lebanon Road and “Old Ridge Road,” a […]

42 S.E.2d 638 GROOVER et al. v. BRANDON et al. 15800.Supreme Court of Georgia. APRIL 17, 1947. REHEARING DENIED MAY 16, 1947. WYATT, Justice. 1. This case was previously before this court for the purpose of reviewing rulings on demurrer. Groover v. Brandon, 200 Ga. 153 (36 S.E.2d 81). A full statement of the facts […]

58 S.E.2d 160 DARNELL v. TATE et al. 16957.Supreme Court of Georgia. FEBRUARY 15, 1950. REHEARING DENIED MARCH 15, 1950. 1. A petition seeking a declaratory judgment, which does not set forth allegations of fact showing an actual controversy between the parties, is subject to demurrer. 2. On such a petition, where a declaration is […]

296 S.E.2d 589 WILSON v. CENTER BROTHERS, INC. et al. 38960.Supreme Court of Georgia. DECIDED OCTOBER 28, 1982. HILL, Presiding Justice. Center Brothers, Inc., is a subcontracting construction company engaged in selling and installing general floor covering, acoustical ceilings, and wall partitions. Center Brothers hired Miles M. Wilson to serve as general manager of its […]

609 S.E.2d 331 DELLINGER v. DELLINGER. S04F1376.Supreme Court of Georgia. DECIDED NOVEMBER 23, 2004. HUNSTEIN, Justice. This appeal challenges the validity of a self-executing change of visitation provision in a divorce decree. Appellant Sonja Dellinger, a life-long resident of Alabama, filed a divorce petition to end her nine-year marriage to appellee Terry Dellinger in February […]

174 S.E.2d 420 WATERS v. THE STATE. 25705.Supreme Court of Georgia.SUBMITTED MARCH 9, 1970. DECIDED APRIL 9, 1970. GRICE, Justice. This court’s jurisdiction of this appeal from a judgment of conviction and sentence for possessing an unlawful amount of tax-paid liquor is predicated upon constitutional questions being involved. Such contention is based on the defendant’s […]

114 S.E.2d 374 BOBO v. MAYOR c. OF TOWN OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA. 20834.Supreme Court of Georgia.SUBMITTED MARCH 15, 1960. DECIDED APRIL 4, 1960. REHEARING DENIED APRIL 27, 1960. The General Assembly of this State has constitutional power to prescribe who shall exercise the corporate powers of a municipality and to provide the […]

55 S.E.2d 244 HOULIHAN et al., Commissioners, v. HEERY, Chief Judge, et al. 16739.Supreme Court of Georgia. SEPTEMBER 12, 1949. WYATT, Justice. Without intimating that a Judge of the Municipal Court of Savannah is a constitutional officer, the court concludes that the questions raised in this case are controlled in principle by the decision in […]

396 S.E.2d 483 ABIFF v. THE STATE. S90A1088.Supreme Court of Georgia. DECIDED OCTOBER 3, 1990. HUNT, Justice. Abijah Abiff’s murder conviction was affirmed by this court i Abiff v. State, 258 Ga. 137, 139 (365 S.E.2d 427) (1988), and remanded for further proceedings on the issue of ineffective assistance of counsel under Smith v. State, […]

174 S.E.2d 422 DANIELS v. THE STATE. 25693.Supreme Court of Georgia.ARGUED MARCH 11, 1970. DECIDED APRIL 9, 1970. In the trial of a sixteen-year-old juvenile on an indictment for murder the court erred in not suppressing evidence showing a written incriminating statement made by the appellant-defendant and erred in admitting the statement in evidence on […]

686 S.E.2d 121 STEVENS v. CLAYTON COUNTY DETENTION CENTER et al. No. S09A0977.Supreme Court of Georgia. DECIDED NOVEMBER 9, 2009. HINES, Justice. Daquan L. Stevens, incarcerated while awaiting trial, sought a writ of habeas corpus. The superior court dismissed his petition. Stevens appeals and this Court affirms the dismissal. Page 159 In two indictments that […]

177 S.E.2d 249 SMITH v. MERCHANTS FARMERS BANK OF MILLEDGEVILLE; and vice versa. 25926, 25927.Supreme Court of Georgia.ARGUED JULY 14, 1970. DECIDED SEPTEMBER 10, 1970. REHEARING DENIED SEPTEMBER 24, 1970. 1, 2. The Act of 1941 (Ga. L. 1941, p. 487; Code Ann. § 67-1308) is not unconstitutional when applied to deeds to secure debt […]

236 S.E.2d 650 ELLENBURG v. THE STATE. 32302.Supreme Court of Georgia.SUBMITTED MAY 13, 1977. DECIDED JUNE 28, 1977. HALL, Justice. Appellant, George Ellenburg, was indicted for the murder of William A. Hopkins. Following jury trial he was found guilty and was sentenced to life imprisonment. The evidence at trial revealed that Ellenburg shot and killed […]

266 S.E.2d 173 HILSMAN v. HILSMAN. 35791.Supreme Court of Georgia.ARGUED JANUARY 22, 1980. DECIDED APRIL 8, 1980. CLARKE, Justice. Doctor Hilsman filed a petition to modify his alimony obligation under a 1975 divorce decree which incorporated an agreement between the parties on the issue of permanent alimony. His former wife answered and moved for a […]

207 S.E.2d 510 NATIONAL COMMUNITY BUILDERS, INC. v. CITIZENS SOUTHERN NATIONAL BANK. 28731.Supreme Court of Georgia.ARGUED MARCH 12, 1974. DECIDED JULY 16, 1974. REHEARING DENIED JULY 30, 1974. GUNTER, Justice. This is an appeal from a judgment that confirmed a foreclosure sale that was conducted pursuant to a power of sale contained in a deed […]

242 S.E.2d 600 FOSTER v. THE STATE. 33253.Supreme Court of Georgia.SUBMITTED FEBRUARY 3, 1978. DECIDED FEBRUARY 28, 1978. BOWLES, Justice. The appellant, Marcus C. Foster, was indicted, tried and convicted for the murder of Lee Marshall Carver, receiving a life sentence for the offense. He appeals following the denial of his motion for new trial. […]

195 S.E.2d 449 PASCHAL v. THE STATE. 27520.Supreme Court of Georgia.ARGUED OCTOBER 1, 1972. DECIDED JANUARY 5, 1973. REHEARING DENIED JANUARY 22, 1973. HAWES, Justice. John E. Paschal, having been convicted of the offense of armed robbery and a life sentence having been imposed, appeals from the judgment of conviction and from the overruling of […]

80 S.E.2d 163 WHITE et al. v. GRIGGS et al. 18440.Supreme Court of Georgia.ARGUED JANUARY 13, 1954. DECIDED FEBRUARY 10, 1954. 1. The petition seeking to enjoin the defendants from using an existing structure for apartment-house uses, in violation of a zoning ordinance restricting it to residential uses, stated a cause of action and was […]

300 S.E.2d 808 IN THE MATTER OF: INQUIRY CONCERNING A JUDGE NO. 506. 39774.Supreme Court of Georgia. DECIDED MARCH 17, 1983. REHEARING DENIED MARCH 30, 1983. PER CURIAM. A complaint was filed with the Judicial Qualifications Commission charging Judge John H. Land, of the Muscogee Superior Court, with five major violations of the Code of […]

303 S.E.2d 746 WHITE v. FLETCHER/MAYO/ASSOCIATES, INC. et al. 39248.Supreme Court of Georgia. DECIDED JUNE 24, 1983. REHEARING DENIED JULY 21, 1983. BELL, Justice. This is a suit by a former employee of an advertising company for a declaration that certain non-competition covenants he agreed to are unenforceable because they are against public policy. In […]

65 S.E.2d 801 KING et al. v. RUTLEDGE et al. 17464.Supreme Court of Georgia.SUBMITTED MAY 14, 1951. DECIDED JUNE 11, 1951. REHEARING DENIED JULY 10, 1951. The petition in the instant case does not set out a cause of action against the defendants for any of the relief sought. No. 17464. SUBMITTED MAY 14, 1951 […]

107 S.E.2d 801 HARRIS v. THE STATE. 20313.Supreme Court of Georgia.ARGUED JANUARY 15, 1959. DECIDED FEBRUARY 6, 1959. REHEARING DENIED MARCH 6, 1959. 1. A correct charge on conspiracy is not rendered erroneous because, after instructing as to what the evidence must show to prove conspiracy, it stated that, if the jury found that the […]