Category: Georgia Supreme Court Opinions

496 S.E.2d 674 BARNES v. THE STATE S97P2069.Supreme Court of Georgia. DECIDED MARCH 2, 1998 — RECONSIDERATION DENIED APRIL 2, 1998. SEARS, Justice. Joseph Martin Barnes was convicted of malice murder, felony murder, and armed robbery.[1] The jury recommended a death sentence for the murder, finding as a statutory aggravating circumstance that the murder was […]

25 S.E.2d 683 WADE v. WADE. 14440.Supreme Court of Georgia. APRIL 15, 1943. JENKINS, Justice. 1. “Divorce cases shall be brought in the county where the defendant resides, if a resident of this State; if the defendant be not a resident of this State, then in the county in which the plaintiff resides.” Code, §§ […]

427 S.E.2d 770 HILL v. THE STATE. S92P1336.Supreme Court of Georgia. DECIDED MARCH 15, 1993. RECONSIDERATION DENIED MARCH 30, 1993. SEARS-COLLINS, Justice. Warren Lee Hill was convicted of murder by a jury in Lee County and sentenced to death. He appeals. We affirm.[1] Hill and the victim were both serving time at the Lee Correctional […]

260 S.E.2d 75 BROUGHTON v. GRIFFIN. 35219.Supreme Court of Georgia.SUBMITTED AUGUST 30, 1979. DECIDED SEPTEMBER 26, 1979. JORDAN, Justice. This is an appeal from an order denying the appellant’s petition for a writ of habeas corpus in an extradition proceeding. North Carolina sought to extradite the appellant in April 1978. At a habeas corpus hearing […]

166 S.E.2d 347 KING v. KING, Executor, et al. 24997.Supreme Court of Georgia.SUBMITTED JANUARY 13, 1969. DECIDED FEBRUARY 20, 1969. FRANKUM, Justice. 1. “An administrator or executor is a trustee invested with a solemn trust to manage the estate under his control to the best advantage of those interested in it; Page 143 and if […]

302 S.E.2d 96 FIDELCOR MORTGAGE COMPANY OF GEORGIA, INC. v. TYROFF et al. 39521.Supreme Court of Georgia. DECIDED MAY 3, 1983. REHEARING DENIED MAY 24, 1983. CLARKE, Justice. Appellees Trio (a corporation) and Tyroff (an individual) issued a promissory note to Fidelcor as part of a loan agreement of December 24, 1980. The interest payable […]

437 S.E.2d 290 STATE BOARD OF EDUCATION et al. v. DRURY et al.; and vice versa. STATE BOARD OF EDUCATION et al. v. JONES; and vice versa. S93A1226, S93X1227, S93A1228, S93X1230.Supreme Court of Georgia. DECIDED OCTOBER 12, 1993. RECONSIDERATION DENIED NOVEMBER 19, 1993. CARLEY, Justice. Acting pursuant to OCGA § 20-2-240 (a), appellant-defendant State Board […]

84 S.E.2d 30 WEST et al. v. HOUSING AUTHORITY OF CITY OF ATLANTA; and vice versa. 18662, 18666.Supreme Court of Georgia.ARGUED JULY 13, 1954. DECIDED SEPTEMBER 14, 1954. REHEARING DENIED OCTOBER 14, 1954. 1. In an action by property owners for a declaratory judgment and injunctive relief against the defendant from proceeding with the construction […]

563 S.E.2d 858 BOLDEN v. THE STATE. S01G1721.Supreme Court of Georgia. DECIDED: MAY 13, 2002. HUNSTEIN, Justice. We granted Cordie Bolden’s petition for certiorari to address whether the Court of Appeals correctly ruled that the State could use Bolden’s plea of nolo contendere to establish a violation of her probation. SeeBolden v. State, 250 Ga. […]

219 S.E.2d 117 EDWARDS v. EDWARDS. 30153.Supreme Court of Georgia.ARGUED JULY 8, 1975. DECIDED SEPTEMBER 16, 1975. HALL, Justice. This is an appeal from a judgment finding the appellant in contempt of a previous decree ordering him to pay specified child support payments. The divorce decree awarded the mother custody of the four children and […]

186 S.E.2d 739 KEY v. STEWART. 26836.Supreme Court of Georgia.ARGUED NOVEMBER 8, 1971. DECIDED JANUARY 6, 1972. HAWES, Justice. The appellant was convicted in one trial of thirteen separate offenses charging him with the violation of various ordinances of the City of Albany. He was sentenced to combined terms of imprisonment and/or to pay fines […]

273 S.E.2d 618 IN RE FITZPATRICK. ADMISSIONS DOCKET NO. 9Supreme Court of Georgia. DECIDED JANUARY 21, 1981. PER CURIAM. Pursuant to section seven of the Rules for Admission to the Bar, Mr. Fitzpatrick appeals to this court for a review of the decision of the Board to Determine Fitness of Bar Applicants which denied him […]

262 S.E.2d 783 PAGE v. HOLIDAY INNS, INC. et al. 35533.Supreme Court of Georgia.ARGUED NOVEMBER 14, 1979. DECIDED JANUARY 3, 1980. UNDERCOFLER, Presiding Justice. This is a certiorari. Holiday Inns v. Page, 151 Ga. App. 55 (258 S.E.2d 909) (1979). The Court of Appeals held that the plaintiff’s voluntary dismissal of his action “with prejudice” […]

156 S.E.2d 361 HISTORIC HOUSE MUSEUM CORPORATION v. CAMP, Tax Commissioner, et al. 24176.Supreme Court of Georgia.ARGUED JULY 10, 1967. DECIDED JULY 14, 1967. The petition does not show that the property of the appellant is used for “purely public charity,” and it therefore fails to show that the appellant is entitled to the exemption […]

26 S.E.2d 695 WALKER v. HARTFORD ACCIDENT INDEMNITY CO. et al. 14591.Supreme Court of Georgia. JULY 8, 1943. 1. “The general rule at common law is that persons who are not parties to a suit can not file an intervention therein. There are some exceptions to this rule, as where an intervenor sets up some […]

157 S.E.2d 449 ESTES, Executrix, et al. v. FIRST NATIONAL BANK OF GAINESVILLE, Administrator. 24214.Supreme Court of Georgia.ARGUED SEPTEMBER 11, 1967. DECIDED OCTOBER 5, 1967. The petitioner having an adequate and complete remedy for the relief sought in the court of ordinary, the court erred in denying the defendant’s motion to dismiss the petition seeking […]

199 S.E.2d 316 COLVARD v. CALDWELL. 27871.Supreme Court of Georgia. DECIDED JUNE 28, 1973. NOTE: PURSUANT TO DIRECTION FROM THE SUPREME COURT OPINIONS WILL NOT BE PUBLISHED IN THIS HABEAS CORPUS CASE. RULE 33 (k), SUPREME COURT RULES. The trial court did not err in remanding the appellant to custody. Judgment affirmed. All the Justices […]

592 S.E.2d 841 CORMIER v. THE STATE. S04A0357.Supreme Court of Georgia. DECIDED FEBRUARY 16, 2004. THOMPSON, Justice. John Brice Cormier, Jr. was convicted of malice murder, aggravated assault, and various sexual offenses stemming from the murder of Petra Franklin and the assault on Kesha McBrayer.[1] On appeal, Cormier asserts that he was denied effective assistance […]

315 S.E.2d 901 SOUTHERN DIVERSIFIED PROPERTIES, INC. v. BROWN. 40882.Supreme Court of Georgia. DECIDED MAY 22, 1984. WELTNER, Justice. Southern Diversified Properties, Inc., being indebted to Brown, gave to him a deed to secure debt with power of sale. On default, the creditor acquired the property under the power of sale, and obtained an order […]

637 S.E.2d 714 ADKINS v. THE STATE. No. S06A1716.Supreme Court of Georgia. DECIDED NOVEMBER 20, 2006. SEARS, Chief Justice. The appellant, Demetric Adkins (“Adkins”), along with his brother, Marlon Adkins (“Marlon”), and his cousin, Kevin Adkins (“Kevin”), were charged with aggravated assault and murder, stemming from the shooting death of Charles Givens.[1] The three defendants […]

91 S.E.2d 764 CORBIN v. THE STATE. 19172.Supreme Court of Georgia.ARGUED JANUARY 11, 1956. DECIDED FEBRUARY 15, 1956. REHEARING DENIED FEBRUARY 29, 1956. CANDLER, Justice. John F. Corbin was indicted in Fulton County on January 22, 1954, jointly with Juanita Bullock and Tommie Couch for the murder of Oscar Roebuck, to which charge he pleaded […]

674 S.E.2d 984 CURRID et al. v. DEKALB STATE COURT PROBATION DEPARTMENT et al. No. S08G0322.Supreme Court of Georgia. DECIDED MARCH 23, 2009. MELTON, Justice. We granted certiorari in this case to determine whether the Court of Appeals erred in concluding that the language of the Page 185 Community Service Act, OCGA § 42-8-71 (d) […]

426 S.E.2d 866 PHILLIPS v. BROWN (two cases). S92A1041, S92A1042.Supreme Court of Georgia. DECIDED MARCH 15, 1993. RECONSIDERATION DENIED MARCH 31, 1993. HUNSTEIN, Justice. The Georgia Department of Human Resources (DHR) sued appellant Timothy Phillips pursuant to the Child Support Recovery Act, OCGA § 19-11-1 et seq., seeking reimbursement for certain public assistance benefits which […]

292 S.E.2d 59 IN THE MATTER OF: INQUIRY CONCERNING A JUDGE NO. 469. 38832.Supreme Court of Georgia. DECIDED MAY 25, 1982. PER CURIAM. W. D. Josey, a Notary Public and Ex Officio Justice of the Peace, Page 426 respondent herein, mailed the following notice, directed to a named individual: “W. D. JOSEY N.P. Ex. Off. […]

529 S.E.2d 136 STONE v. THE STATE. S00A0314.Supreme Court of Georgia. DECIDED: MAY 1, 2000. SEARS, Justice. The appellant, David Stone, appeals from his convictions for felony murder, theft by taking a motor vehicle, and theft by taking.[1] On appeal, he contends that the trial court erred in refusing to permit an attorney who was […]

36 S.E.2d 673 EDGE v. THE STATE. 15334.Supreme Court of Georgia. JANUARY 15, 1946. WYATT, Justice. The plaintiff in error excepts to the overruling of his extraordinary motion for new trial, which, with the exception of the fourth and fifth grounds, complains of alleged errors committed on the trial of the case and excepted to […]

224 S.E.2d 36 COACHMAN v. THE STATE. 30726.Supreme Court of Georgia.ARGUED JANUARY 20, 1976. DECIDED MARCH 11, 1976. HALL, Justice. Coachman appeals from a murder conviction and life sentence. He was indicted, tried and convicted along with his co-defendants Hill and Gatlin. On May 24, 1974, Jean Eberhardt, who lived with the murder victim Green, […]

11 S.E.2d 667 BENDER v. THOMPSON. 13302.Supreme Court of Georgia. NOVEMBER 12, 1940. ATKINSON, Presiding Justice. In a suit for equitable foreclosure of a contractor’s lien on realty, involving appointment of a receiver, the judge refused at the trial the defendant’s request for submission to the jury of stated questions of fact on which to […]

273 S.E.2d 616 STATE OF GEORGIA v. HUDSON. 36584.Supreme Court of Georgia. DECIDED JANUARY 19, 1981. CLARKE, Justice. The trial court held Code Ann. § 26-1808.1 (Ga. L. 1976, pp. 1456, 1457) unconstitutional under the equal protection and due Page 37 process clauses of the United States and Georgia Constitutions. The state appeals. We reverse. […]

238 S.E.2d 358 FULTON NATIONAL BANK et al. v. HORN. 32009.Supreme Court of Georgia.ARGUED MAY 9, 1977. DECIDED SEPTEMBER 7, 1977. REHEARING DENIED SEPTEMBER 27, 1977. HILL, Justice. Sidney Horn executed a note and security agreement to the Fulton National Bank granting the bank a security interest in a vehicle. Horn got behind in his […]

33 S.E.2d 168 CULPEPPER et al. v. UNITED STATES FIDELITY GUARANTY COMPANY et al. 15045.Supreme Court of Georgia. JANUARY 5, 1945. REHEARING DENIED FEBRUARY 9, 1945. MARCH 7, 1945. 1. A deputy sheriff while proceeding en route to serve a jury summons is acting in his official capacity. 2. A cause of action against a […]

81 S.E.2d 834 SELMAN et al. v. FAVER. JACKSON et al. v. FAVER. 18525, 18526.Supreme Court of Georgia.ARGUED MARCH 9, 1954. DECIDED APRIL 13, 1954. REHEARING DENIED MAY 13, 1954. When the judgment of the superior court, overruling the exceptions to the auditor’s findings of fact and of law, was reversed by this court without […]

59 S.E.2d 375 ADAMS v. ADAMS. 17083.Supreme Court of Georgia. MAY 8, 1950. ATKINSON, Presiding Justice. 1. In the present suit for divorce, alimony, and custody of a child, in Floyd Superior Court, the defendant filed an answer and an amendment thereto. The plaintiff filed a demurrer which was renewed to the answer as amended. […]

148 S.E.2d 388 STEVENSON v. STEVENSON et al. 23396.Supreme Court of Georgia.SUBMITTED MARCH 15, 1966. DECIDED APRIL 7, 1966. 1. While there is a conflict in the evidence, the trial judge did not abuse his discretion in finding that appellant had violated the restraining order of August 19, 1965, and breached the conditional order of […]

257 S.E.2d 242 BROWN TRANSPORT CORPORATION v. JAMES. 34496.Supreme Court of Georgia.ARGUED MARCH 12, 1979. DECIDED MAY 31, 1979. UNDERCOFLER, Presiding Justice. We granted this certiorari in order to resolve a conflict in the cases from the Court of Appeals. The issue is whether representations and assurances that an injured employee will be “taken care […]

107 S.E.2d 179 STATE HIGHWAY DEPARTMENT et al. v. MARSH. 20312.Supreme Court of Georgia.SUBMITTED JANUARY 12, 1959. DECIDED FEBRUARY 6, 1959. DUCKWORTH, Chief Justice. The petition as amended of Willie Marsh, against Jefferson County, the State Highway Department of Georgia, and the individual members of the Board of County Commissioners of Jefferson County, alleges that […]

279 S.E.2d 695 THE STATE v. CRANE et al. THE STATE v. CRANE. THE STATE v. NUNLEY (two cases). 37463, 37464. 37465, 37466.Supreme Court of Georgia. DECIDED JULY 7, 1981. UNDERCOFLER, Justice. The dismissal of three felony-murder indictments[1] was appealed by the State.[2] The deceased was the fourth would-be burglar. He was shot and killed […]

128 S.E.2d 732 COLVARD et al. v. RIDLEY, Commissioner, et al. 21853.Supreme Court of Georgia.ARGUED NOVEMBER 15, 1962. DECIDED NOVEMBER 19, 1962. REHEARING DENIED DECEMBER 3, 1962. CANDLER, Justice. 1. Art. VII, Sec. I, Par. III of the Constitution of 1945 provides: “All taxes shall be levied and collected under general laws and for public […]

229 S.E.2d 458 THOMAS v. THE STATE. 31269.Supreme Court of Georgia.SUBMITTED JUNE 18, 1976. DECIDED OCTOBER 5, 1976. INGRAM, Justice. This appeal, from the Superior Court of Cobb County, deals with appellant’s convictions of burglary, aggravated assault, rape and two counts of kidnapping. He received a sentence to life imprisonment for the rape, followed by […]

632 S.E.2d 101 FORSYTH COUNTY et al. v. GEORGIA TRANSMISSION CORPORATION; and vice versa. S06A0421, S06X0422.Supreme Court of Georgia. DECIDED JUNE 26, 2006. THOMPSON, Justice. In this action for declaratory and injunctive relief, the trial court determined that a Forsyth County ordinance requiring an electric power utility company (“EPUC”) to gain approval from the county […]

404 S.E.2d 119 JONES v. ALFONE (two cases). S91A0630, S91A0647.Supreme Court of Georgia. DECIDED MAY 15, 1991. CLARKE, Chief Justice. The trial court dismissed this paternity action for lack of jurisdiction under OCGA § 19-7-40 because the child is not a resident of Georgia. Appellant filed both an application for a discretionary appeal and a […]

254 S.E.2d 373 WEST v. COBB COUNTY DEPARTMENT OF FAMILY CHILDREN SERVICES. 34708.Supreme Court of Georgia.SUBMITTED MARCH 14, 1979. DECIDED APRIL 4, 1979. PER CURIAM. John A. West, Sr., appeals from the denial of his petition for writ of habeas corpus seeking custody of his minor children. The children had been in the legal custody […]

586 S.E.2d 323 BROWN v. THE STATE. S03A0821.Supreme Court of Georgia. DECIDED SEPTEMBER 15, 2003. HUNSTEIN, Justice. Michael Jerrod Brown was convicted of malice murder, armed robbery and other crimes arising out of the shooting death of Salvador Murillo Rodriguez.[1] Finding no error, we affirm. Page 54 1. The evidence adduced at trial authorized the […]

38 S.E.2d 774 THOMPSON, State Revenue Commissioner, v. ATLANTIC COAST LINE RAILROAD COMPANY. 15480.Supreme Court of Georgia. JUNE 6, 1946. 1. Where a perpetual corporate charter granted by the legislature confers tax exemptions upon the corporation, the exemption is irrevocable. Accordingly, article 1, section 3, paragraph 3 of the Constitution of 1945 (Ga. L. 1945, […]

187 S.E.2d 253 RICHTER et al. v. D. M. ASSOCIATES, INC. et al. 26852.Supreme Court of Georgia.SUBMITTED DECEMBER 13, 1971. DECIDED FEBRUARY 11, 1972. 1. The trial court erred in dismissing the complaint. 2. It did not abuse its discretion in denying the injunctive relief prayed for. Page 600 (a) No cause for reversal appears […]

604 S.E.2d 469 HENRY v. THE STATE. S04A1077.Supreme Court of Georgia. DECIDED OCTOBER 25, 2004. HUNSTEIN, Justice. John Henry was convicted of malice murder, felony murder (two counts), aggravated assault, possession of a firearm during the commission of a crime and possession of a firearm by a convicted felon in the shooting death of his […]

216 S.E.2d 73 HUBER v. THE STATE. 29606.Supreme Court of Georgia.SUBMITTED JANUARY 17, 1975. DECIDED APRIL 22, 1975. REHEARING DENIED MAY 13, 1975. INGRAM, Justice. Defendant appeals his conviction, and sentence to pay a fine of $500, under an accusation in the Superior Court of Clayton County for the offense of the unlawful practice of […]

598 S.E.2d 452 INSERECTION, A FANTASY STORE et al. v. CITY OF MARIETTA. S04A0249.Supreme Court of Georgia. DECIDED JUNE 7, 2004. RECONSIDERATION DENIED JULY 12, 2004. BENHAM, Justice. Appellant Inserection, A Fantasy Store, received a license from appellee the City of Marietta to operate a general merchandise retail establishment, effective March 13, 2003. After investigating […]

316 S.E.2d 464 MOON v. THE STATE. 40956.Supreme Court of Georgia. DECIDED JUNE 12, 1984. WELTNER, Justice. David Richard Moon shot and killed Robert C. Busby, from ambush, with a shotgun. He was convicted and sentenced to life imprisonment.[1] The custody of Moon’s three sons and a foster child had been awarded to his former […]

272 S.E.2d 690 CARNES et al. v. CRAWFORD. 36571.Supreme Court of Georgia.ARGUED SEPTEMBER 9, 1980. DECIDED NOVEMBER 14, 1980. HILL, Justice. In 1970, the General Assembly enacted the Georgia Peace Officers Standards and Training Act (hereinafter POST, Ga. L. 1970, p. 208; Code Ann. § 92A-2101 et seq.). The act defined peace officers to include […]

153 S.E.2d 162 MASON et al. v. CARTER. 23802.Supreme Court of Georgia.ARGUED DECEMBER 14, 1966. DECIDED JANUARY 6, 1967. 1. The uncontradicted evidence showed that the decree obtained by appellant, Mrs. Mason, canceling appellee’s husband’s interest in certain property was null and void since the court had no jurisdiction of the person of the husband, […]

196 S.E.2d 397 HILL v. HARPER. 27734.Supreme Court of Georgia.ARGUED FEBRUARY 14, 1973. DECIDED MARCH 8, 1973. 1. An action by a parent to obtain custody of a child previously awarded to the other parent in a divorce proceeding, being a new action, must be brought in the county of the defendant’s residence. 2. A […]

233 S.E.2d 187 SEWELL v. THE STATE. 31875.Supreme Court of Georgia.SUBMITTED JANUARY 25, 1977. DECIDED FEBRUARY 23, 1977. REHEARING DENIED MARCH 9, 1977. NICHOLS, Chief Justice. Appellant is the operator of an adult book store located in Fulton County. He was arrested after selling a magazine called Hot and Sultry and an artificial vagina to […]

132 S.E.2d 267 FIRST NATIONAL BANK OF ATLANTA, Executor v. STATE HIGHWAY DEPARTMENT. 22019.Supreme Court of Georgia.ARGUED MAY 13, 1963. DECIDED MAY 29, 1963. REHEARING DENIED JULY 3, 1963. HEAD, Presiding Justice. This case is controlled by the rulings and judgment in First Nat. Bank of Atlanta v. State Hwy. Dept., ante. Judgment reversed. All […]

635 S.E.2d 716 THE STATE v. MORRELL. No. S06A1240.Supreme Court of Georgia. DECIDED OCTOBER 2, 2006. RECONSIDERATION DENIED OCTOBER 30, 2006. SEARS, Chief Justice. This appeal presents the question whether, in a criminal case, the State has the right to appeal from an oral order suppressing a statement given by the defendant to the police. […]

403 S.E.2d 809 GEARING et al. v. GEARING. S91A0641.Supreme Court of Georgia. DECIDED MAY 10, 1991. HUNT, Justice. The parties were divorced in 1982. The former husband contested paternity, but did not appeal the judgment requiring him to pay support for the minor child. In 1990, the former husband filed a motion to determine paternity, […]

219 S.E.2d 719 BARFIELD v. HILTON. 30374.Supreme Court of Georgia.SUBMITTED SEPTEMBER 26, 1975. DECIDED OCTOBER 21, 1975. NICHOLS, Chief Justice. This is the second appearance of this case in this court. On the first appearance (Barfield v. Hilton, 232 Ga. 235, 237 (206 S.E.2d 1) (1974)), it was held that the superior court did not […]

171 S.E.2d 304 SWINK v. THE STATE. 25444.Supreme Court of Georgia.ARGUED OCTOBER 14, 1969. DECIDED NOVEMBER 12, 1969. FRANKUM, Justice. John Thomas Swink was convicted of rape without a recommendation of mercy and was sentenced to be electrocuted. He appealed from the denial of his motion for a new trial as amended. 1. By his […]

414 S.E.2d 635 MACON-BIBB COUNTY BOARD OF TAX ASSESSORS et al. v. ATLANTIC SOUTHEAST AIRLINES, INC. S91A1186.Supreme Court of Georgia. DECIDED MARCH 6, 1992. RECONSIDERATION DENIED APRIL 2, 1992. BENHAM, Justice. In 1983, Atlantic Southeast Airlines (“ASA”) leased from the Macon-Bibb County Industrial Authority (“the Authority”) an airport maintenance facility at the Lewis B. Wilson […]

32 S.E.2d 465 GEORGIA VENEER PACKAGE COMPANY et al. v. FLORIDA NATIONAL BANK et al., executors. FLORIDA NATIONAL BANK et al., executors, v. GEORGIA VENEER PACKAGE COMPANY et al.; et vice versa. 14957, 14964, 14968.Supreme Court of Georgia.OCTOBER 13, 1944. REHEARING DENIED NOVEMBER 22, 1944, DECEMBER 4, 1944. 1. Where on demurrer an amendment to […]

514 S.E.2d 822 GEORGE HAMM v. CURTIS JOHNSON, WARDEN. S99H0052.Supreme Court of Georgia. DECIDED: FEBRUARY 26, 1999. ORDER OF COURT. Upon consideration of the Application for Certificate of Probable Cause to appeal the denial of habeas corpus, it is ordered that it be hereby denied. All the Justices concur, except Carley and Hines, JJ., who […]

95 S.E.2d 671 YOUNG v. PEARCE. 19489.Supreme Court of Georgia.ARGUED OCTOBER 8, 1956. DECIDED NOVEMBER 17, 1956. MOBLEY, Justice. 1. “This court has many times held that an order awarding custody of a minor child following the grant of a divorce is final, and the use of such words as `subject to the further order […]

403 S.E.2d 204 HOWARD v. THE STATE. S91A0168.Supreme Court of Georgia. DECIDED APRIL 11, 1991. RECONSIDERATION DENIED MAY 13, 1991. SMITH, Presiding Justice. The appellant, Debra Suzanne Murray Howard, shot and killed Linda W. McCorvey with a handgun. She claimed that the shooting was in self-defense. Following a jury trial, Ms. Howard was found guilty […]

348 S.E.2d 634 CLARK et al. v. McBRIDE. 43692.Supreme Court of Georgia. DECIDED OCTOBER 7, 1986. GREGORY, Justice. Ralph McBride filed suit against Harold Clark and his wife seeking Page 309 damages and injunctive relief concerning a 20-foot strip of land between their subdivision lots. The trial court granted summary judgment to McBride, and we […]

477 S.E.2d 834 IN THE MATTER OF CHARLES E. BAGLEY, JR. S96Y1355.Supreme Court of Georgia. DECIDED NOVEMBER 12, 1996. PER CURIAM. Charles E. Bagley, Jr., filed a petition for voluntary discipline. He acknowledged his violation of Standard 45 (b) of Bar Rule 4-102, requested a public reprimand, but agreed to accept a 30-day suspension. The […]

401 S.E.2d 688 CARDER et al. v. RACINE ENTERPRISES, INC. S90A1497.Supreme Court of Georgia. DECIDED MARCH 6, 1991. RECONSIDERATION DENIED MARCH 28, 1991. BENHAM, Justice. Racine Enterprises, Inc. brought suit against several members of the Carder family and other individuals and corporations. The complaint sought damages for fraud and breach of contract, and injunctive relief […]

621 S.E.2d 452 KAPPELMEIER v. WINEGARDEN (two cases). S05A1292, S05A1293.Supreme Court of Georgia. DECIDED OCTOBER 24, 2005. RECONSIDERATION DENIED NOVEMBER 21, 2005. THOMPSON, Justice. Gottfried A. Kappelmeier brought this mandamus action against Judge Richard T. Winegarden, seeking an order directing the judge to vacate the judgment he entered against Kappelmeier in another case. Judge Winegarden […]

202 S.E.2d 423 YDE v. YDE. 28404.Supreme Court of Georgia.ARGUED NOVEMBER 15, 1973. DECIDED DECEMBER 3, 1973. JORDAN, Justice. The parties involved herein were granted a divorce on March 15, 1971, and, by agreement custody of the two minor children of the marriage was awarded to the mother. On May 9, 1973, the father, appellee […]

273 S.E.2d 12 HALL v. CHASTAIN. 36616.Supreme Court of Georgia.ARGUED SEPTEMBER 10, 1980. DECIDED NOVEMBER 25, 1980. REHEARING DENIED DECEMBER 16, 1980. JORDAN, Presiding Justice. Joseph B. Chastain, plaintiff, filed a complaint against Marvin J. Hall, defendant, alleging that the defendant had lost control of his vehicle and driven it into a brick wall surrounding […]

295 S.E.2d 832 ABERCROMBIE et al. v. SHADDIX et al.; and vice versa. 38958, 38959.Supreme Court of Georgia. DECIDED OCTOBER 19, 1982. REHEARING DENIED NOVEMBER 10, 1982 IN CASE NO. 38959. JORDAN, Chief Justice. The probate judge of Douglas County, joined by certain Douglas County residents who were permitted to intervene in this action, appeal […]

569 S.E.2d 518 KING v. THE STATE. S02A1038.Supreme Court of Georgia. Decided September 16, 2002 HINES, Justice. Kelvin King was convicted of malice murder in connection with the fatal shooting of the mother of his children, Carletta Ford-Scruggs. King challenges the conviction on the bases that the evidence was insufficient to sustain the verdict of […]

164 S.E.2d 139 COLLINS v. COLLINS. 24785.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1968. DECIDED OCTOBER 10, 1968. FRANKUM, Justice. James H. Collins filed his complaint in DeKalb Superior Court against Charles Thomas Collins and Dorothy Helen Collins Jackson in which he prayed that the court declare and adjudge that the defendant Thomas is not the […]

200 S.E.2d 872 JUDSON v. DURAN et al. 27969.Supreme Court of Georgia.ARGUED JUNE 26, 1973. DECIDED OCTOBER 5, 1973. JORDAN, Justice. James C. Duran filed his complaint in the State Court of Hall County, Ga., alleging that Ronald D. Judson and Marguerite S. Judson were indebted to him on a promissory note. The promissory note […]

133 S.E.2d 350 ELLIS v. GEORGIA KRAFT COMPANY. 22138.Supreme Court of Georgia.SUBMITTED SEPTEMBER 9, 1963. DECIDED OCTOBER 15, 1963. QUILLIAN, Justice. This was an equitable action to enjoin the cutting of timber on the petitioner’s land. Georgia Kraft Company brought suit against Jim Ellis in Floyd Superior Court and alleged in its amended petition: that […]

700 S.E.2d 576 BRANCHFIELD v. THE STATE. No. S10A1201.Supreme Court of Georgia. DECIDED OCTOBER 4, 2010. MELTON, Justice. Following a jury trial, Diana Branchfield was found guilty of felony murder, armed robbery, and possession of a firearm during the commission of a crime in connection with the August 1, 2007 shooting death of John Belfance.[1] […]

62 S.E.2d 187 JONES v. THE STATE. 17291.Supreme Court of Georgia. NOVEMBER 14, 1950. HAWKINS, Justice. 1. While the trial court may not, in the absence of a timely written request therefor, be required to charge the jury in a murder case upon a theory of defense raised solely by the defendant’s statement that he […]

132 S.E.2d 777 LEDFORD v. THE STATE. HALL v. THE STATE. 22188, 22189.Supreme Court of Georgia.SUBMITTED SEPTEMBER 10, 1963. DECIDED SEPTEMBER 18, 1963. DUCKWORTH, Chief Justice. Several young unemployed men from Towns County entered into a conspiracy to commit a robbery as they returned home from Atlanta. The robbery was thereafter attempted, resulting in the […]

195 S.E.2d 439 CROSS v. CROSS. 27563.Supreme Court of Georgia.SUBMITTED NOVEMBER 15, 1972. DECIDED JANUARY 23, 1973. HAWES, Justice. “When a divorce shall be granted, the jury or the judge, as the case may be, shall determine the rights and disabilities of the parties: Provided, however, that no person shall be placed under disability unless […]

52 S.E.2d 847 GAINES v. THE STATE. 16591.Supreme Court of Georgia. APRIL 12, 1949. WYATT, Justice. To an accusation, charging the accused with driving and operating an automobile upon a designated street in the City of Oglethorpe while “said machine was not provided and equipped with sufficient and serviceable brakes,” the accused filed a demurrer […]

67 S.E.2d 571 HURLEY v. CITY OF ATLANTA. 17543.Supreme Court of Georgia.ARGUED SEPTEMBER 12, 1951. DECIDED OCTOBER 9, 1951. REHEARING DENIED NOVEMBER 16, 1951. The certiorari is adjudged to have been improvidently granted, and is therefore dismissed. No. 17543. ARGUED SEPTEMBER 12, 1951 — DECIDED OCTOBER 9, 1951 — REHEARING DENIED NOVEMBER 16, 1951. Certiorari; […]

212 S.E.2d 328 GABLE INDUSTRIES, INC. v. BLACKMON. 29257.Supreme Court of Georgia.ARGUED NOVEMBER 14, 1974. DECIDED JANUARY 8, 1975. REHEARING DENIED FEBRUARY 5, 1975. INGRAM, Justice. Certiorari was granted in this case primarily to review the decision of the Court of Appeals regarding the authority of the State Revenue Commissioner to grant permission to a […]

27 S.E.2d 7 HICKS et al. v. HICKS. 14615.Supreme Court of Georgia. SEPTEMBER 11, 1943. 1. Under the law of this case, involving a claim to land, as fixed by the decision in Hicks v. Hicks (193 Ga. 382, 18 S.E.2d 763), the evidence at the previous trial showed a prima facie case in favor […]

89 S.E.2d 488 TRUSCO FINANCE COMPANY et al. v. KNIPHFER. 19036.Supreme Court of Georgia.SUBMITTED SEPTEMBER 12, 1955. DECIDED OCTOBER 10, 1955. WYATT, Presiding Justice. Mrs. Fred Kniphfer brought suit in the Superior Court of Johnson County against Trusco Finance Company, whose principal offices and place of residence is Fulton County, Georgia, and P. L. Youmans, […]

45 S.E.2d 439 FOWLER v. THE STATE. 16036.Supreme Court of Georgia. DECEMBER 1, 1947. 1. The evidence was sufficient to sustain the verdict. 2. Motions for new trial on grounds of newly discovered evidence are addressed to the sound discretion of the trial judge, but are not intended to serve the purpose of cross-examination. 3. […]

202 S.E.2d 52 FOSTER v. THE STATE. 28372.Supreme Court of Georgia.SUBMITTED OCTOBER 15, 1973. DECIDED NOVEMBER 8, 1973. MOBLEY, Chief Justice. William Foster appeals from the denial of his motion for bond pending his appeal to this court from his conviction of the offense of armed robbery. We will take judicial notice of the fact […]

137 S.E.2d 638 SIMPSON et al. v. ANDERSON et al., Executors. 22515.Supreme Court of Georgia.ARGUED JUNE 9, 1964. DECIDED JULY 9, 1964. CANDLER, Justice. Elizabeth Simpson, a resident of Fulton County, Georgia, executed her will on September 19, 1958, and died on January 26, 1963. By the terms of her will she disposed of a […]

537 S.E.2d 661 WELKER v. THE STATE. S00A1866.Supreme Court of Georgia. DECIDED: OCTOBER 23, 2000 HUNSTEIN, Justice. Jamin Thomas Welker was convicted of the felony murder of Steven Wayne Phillips, the aggravated assault of Wesley Stubblefield, and possession of a firearm during the commission of crimes.[1] His motion for new trial was denied and he […]

65 S.E.2d 415 LANGAN et al. v. CHESHIRE. 17443.Supreme Court of Georgia.SUBMITTED APRIL 10, 1951. DECIDED MAY 15, 1951. REHEARING DENIED JUNE 13, 1951. The judgment of the court below denying a new trial was error. No. 17443. SUBMITTED APRIL 10, 1951 — DECIDED MAY 15, 1951 — REHEARING DENIED JUNE 13, 1951. Probate of […]

663 S.E.2d 216 THOMASON et al. v. FULTON COUNTY et al. No. S08A0489.Supreme Court of Georgia. DECIDED JUNE 30, 2008. HINES, Justice. James D. Thomason and his wife appeal the trial court’s denial of a petition for a writ of mandamus to compel Fulton County and the members of its Board of Commissioners to pay […]

352 S.E.2d 567 LOGAN v. THE STATE. 44024.Supreme Court of Georgia. DECIDED FEBRUARY 13, 1987. MARSHALL, Chief Justice. On April 7, 1983, Lanny Robert Logan pleaded guilty but mentally ill to the offense of the malice murder of Brenda Sue Hollis, and he was sentenced to life imprisonment. His motion to withdraw his plea was […]

75 S.E.2d 18 HEDQUIST et al. v. GOTTKE et al. 18075.Supreme Court of Georgia.ARGUED JANUARY 15, 1953. DECIDED FEBRUARY 24, 1953. REHEARING DENIED MARCH 10, 1953. WYATT, Justice. 1. Where, in a contest between parents and the maternal aunt and her husband, the custody of a five-year-old child was awarded to such third persons by […]

425 S.E.2d 282 AYALA v. THE STATE. S92A1154.Supreme Court of Georgia. DECIDED FEBRUARY 5, 1993. FLETCHER, Justice. This court granted the application for interlocutory appeal to consider whether the state must prove that a person charged with murder who seeks a pretrial bond has not met the conditions for release in OCGA § 17-6-1 (e). […]

25 S.E.2d 654 BRUCE v. BRUCE. 14502.Supreme Court of Georgia. MAY 8, 1943. 1. Where a husband filed a suit for divorce against his wife on the ground of cruel treatment, and subsequently the marital relations were resumed on the strength of the wife’s promise to desist from the acts of cruel treatment as alleged […]

217 S.E.2d 286 SHEPHERD v. SHEPHERD. 30009.Supreme Court of Georgia.SUBMITTED JUNE 4, 1975. DECIDED JULY 1, 1975. UNDERCOFLER, Presiding Justice. This appeal must be dismissed for failure to comply with Rule 14 (a) which deals with the timely filing of the enumeration of errors. This appeal was filed in this court on April 18, 1975. […]

70 S.E.2d 756 JACKSON v. BROWN et al., trustees, et al. 17842.Supreme Court of Georgia.SUBMITTED APRIL 15, 1952. DECIDED MAY 12, 1952. HAWKINS, Justice. On July 27, 1951, Anthony Jackson filed a petition against named persons as Trustees of Loftin’s Camp Ground, wherein he alleges: that he purchased a described lot of land on January […]

410 S.E.2d 721 SOUTHERN STATES LANDFILL, INC. v. CITY OF ATLANTA BOARD OF ZONING ADJUSTMENT et al. S91A0600.Supreme Court of Georgia. DECIDED NOVEMBER 27, 1991. RECONSIDERATION DENIED DECEMBER 18, 1991. BELL, Justice. In 1975, the City of Atlanta granted appellant Southern State Landfill, Inc. (hereinafter, Southern States) a special-use permit to operate a sanitary landfill. […]

260 S.E.2d 338 WALKER et al. v. BOGLE et al. 34918.Supreme Court of Georgia.SUBMITTED MAY 18, 1979. DECIDED OCTOBER 2, 1979. REHEARING DENIED OCTOBER 16, 1979. HALL, Justice. Jeanette C.D. Bogle died testate in 1978, survived by two sons who have no children. Her will provided that her residuary estate be placed in trust and […]

74 S.E.2d 6 BOYD v. BOYD. 18033.Supreme Court of Georgia.SUBMITTED NOVEMBER 13, 1952. DECIDED JANUARY 12, 1953. ATKINSON, Presiding Justice. Compliance with the rule of practice and procedure (Ga. L. 1946, pp. 726, 735; Code, Ann. Supp., §§ 6-908.1, 6-909), requiring reasonable notice to the defendant in error or his counsel of the intention to […]