Category: Georgia Supreme Court Opinions

218 S.E.2d 899 PRITCHETT et al. v. THE STATE. 29986.Supreme Court of Georgia.ARGUED JULY 7, 1975. DECIDED SEPTEMBER 2, 1975. REHEARING DENIED SEPTEMBER 16, 1975. UNDERCOFLER, Presiding Justice. On further consideration of this case, this court has reached the conclusion that the application for writ of certiorari was improvidently granted, and accordingly the case is […]

657 S.E.2d 201 NELSON v. THE STATE. No. S07A1625.Supreme Court of Georgia. DECIDED FEBRUARY 11, 2008. BENHAM, Justice. James Rowe, Jr., died on October 19, 2003, as a result of being shot in the chest by appellant Alvin Nelson outside a Valdosta bar. Nelson was arrested within hours of the shooting and a jury found […]

368 S.E.2d 504 THE FLAGLER COMPANY et al. v. SAVAGE. KRAUSE v. SAVAGE. 45391, 45392.Supreme Court of Georgia. DECIDED JUNE 1, 1988. RECONSIDERATION DENIED JUNE 22, 1988. MARSHALL, Chief Justice. Ron Savage and a group of his friends had a few drinks at the Rusty Scupper Restaurant on Windy Hill Road and Interstate North, in […]

229 S.E.2d 644 MANUEL v. MANUEL. 31592.Supreme Court of Georgia.ARGUED OCTOBER 13, 1976. DECIDED OCTOBER 26, 1976. HILL, Justice. Prior to their divorce, appellant-wife and appellee-husband entered into a separation agreement providing for property settlement, alimony and child support. The agreement was made the judgment of the divorce court. Thereafter, on April 1, 1976, the […]

297 S.E.2d 28 MEDICAL CENTER HOSPITAL AUTHORITY v. ANDREWS et al. 38964.Supreme Court of Georgia. DECIDED NOVEMBER 16, 1982. REHEARING DENIED DECEMBER 15, 1982. CLARKE, Justice. We granted certiorari primarily to consider the question of whether a hospital authority created pursuant to Code Ann. Chapter 88-18 enjoys sovereign immunity. The Court of Appeals held that […]

91 S.E.2d 18 BROOME v. BROOME. 19147.Supreme Court of Georgia.ARGUED NOVEMBER 14, 1955. DECIDED JANUARY 9, 1956. The judgment overruling the general demurrer to the petition in this case was error. ARGUED NOVEMBER 14, 1955 — DECIDED JANUARY 9, 1956. Divorce. Before Judge Crow. Grady Superior Court. September 3, 1955. Harriette Mikell Broome filed a […]

33 S.E.2d 421 LANKFORD et al. v. MILHOLLIN et al. 15109.Supreme Court of Georgia. MARCH 6, 1945. REHEARING DENIED MARCH 19, 1945. WYATT, Justice. This is the eleventh time this litigation has in one way or another made its appearance in this court. See Lankford v. Holton. 187 Ga. 94 (200 S.E. 243); Holton v. […]

259 S.E.2d 453 WATSON v. YOUNG. 35017.Supreme Court of Georgia.SUBMITTED JUNE 15, 1979. DECIDED SEPTEMBER 10, 1979. BOWLES, Justice. Gloria Faye Watson brought an action against her former husband, James L. Young, Jr., seeking an upward modification of child support. In 1972, Mr. Young had been ordered to pay $65 every two weeks for the […]

297 S.E.2d 248 PORTIS v. EVANS. 39165.Supreme Court of Georgia. DECIDED NOVEMBER 16, 1982. MARSHALL, Presiding Justice. In Portis v. Evans, 249 Ga. 396 (291 S.E.2d 511) (1982), it was held that under Bounds v. Smith, 430 U.S. 817 (97 S.C. 1491, 52 L.Ed.2d 72) (1977) and Hardwick v. Ault, 447 F. Supp. 116 (M. […]

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 […]

210 S.E.2d 754 FRIEDMAN v. FRIEDMAN. 29215.Supreme Court of Georgia.ARGUED OCTOBER 15, 1974. DECIDED NOVEMBER 5, 1974. REHEARING DENIED NOVEMBER 26, 1974. PER CURIAM. Debra S. Friedman filed a complaint against Julian Page 255 R. Friedman for temporary and permanent alimony, child support, custody of their two children and title and possession of the house […]

129 S.E.2d 770 STERLING MATERIALS COMPANY, INC. v. McKINLEY et al. 21843.Supreme Court of Georgia.SUBMITTED NOVEMBER 14, 1962. DECIDED JANUARY 16, 1963. MOBLEY Justice. 1. When a pleading is considered on demurrer it is construed against the pleader in light of his omissions as well as his averments; his failure to allege essential facts and […]

137 S.E.2d 642 SEABOLT v. SEABOLT. 22540.Supreme Court of Georgia.ARGUED JUNE 8, 1964. DECIDED JULY 10, 1964. The general grounds of the motion for new trial are without merit. The special grounds cannot be considered because they were not properly raised. ARGUED JUNE 8, 1964 — DECIDED JULY 10, 1964. Injunction, etc. White Superior Court. […]

141 S.E.2d 907 THOMPSON, Mayor v. LANG et al. 22875.Supreme Court of Georgia.ARGUED MARCH 8, 1965. DECIDED APRIL 9, 1965. MOBLEY, Justice. The five members of the City Council of Lyons, Georgia brought their petition against the mayor of Page 813 the city alleging that he was interfering in various described ways with Doyle Watson, […]

118 S.E.2d 85 MILLER v. MILLER. 21079.Supreme Court of Georgia.ARGUED NOVEMBER 15, 1960. DECIDED JANUARY 5, 1961. DUCKWORTH, Chief Justice. This action for divorce, alimony, and custody of minor children alleges a cause of action for the relief sought and clearly shows that the court has jurisdiction of both the subject matter and the parties. […]

203 S.E.2d 529 McCOY v. PINNELL. 28558.Supreme Court of Georgia.SUBMITTED JANUARY 4, 1974. DECIDED JANUARY 28, 1974. NICHOLS, Justice. This is an appeal from a judgment increasing child support payments under a petition for modification as is permitted by the Act of 1955 (Ga. L. 1955, p. 630; Code Ann. § 30-220 et seq.). The […]

385 S.E.2d 408 DIXON et al. v. MURPHY; and vice versa. S89A0231, S89X0249.Supreme Court of Georgia. DECIDED NOVEMBER 22, 1989. RECONSIDERATION DENIED DECEMBER 5, 1989. WELTNER, Justice. Dixon conveyed twelve acres of land to Chapman. Chapman obtained a loan on the property, and later conveyed the land to Murphy. Dixon and Murphy assumed Chapman’s loan […]

105 S.E.2d 309 HILL v. JOHNSON et al. 20153.Supreme Court of Georgia.ARGUED JULY 15, 1958. DECIDED SEPTEMBER 5, 1958. REHEARING DENIED OCTOBER 10, 1958. It is the general rule that a court of equity has no jurisdiction to enjoin the removal of a public officer. ARGUED JULY 15, 1958 — DECIDED SEPTEMBER 5, 1958 — […]

397 S.E.2d 689 BOATRIGHT v. THE STATE. S90G1109.Supreme Court of Georgia. DECIDED NOVEMBER 15, 1990. CLARKE, Chief Justice. Boatright was convicted of trafficking in cocaine and other related offenses. The Court of Appeals affirmed the judgment, 195 Ga. App. 440 (393 S.E.2d 707) (1990). We granted certiorari to consider the following: 1. Whether the trial […]

211 S.E.2d 776 SWINT v. THE STATE. 29109.Supreme Court of Georgia. DECIDED NOVEMBER 5, 1974. The trial court did not err in remanding the appellant to custody. Page 398 Judgment affirmed. All the Justices concur. DECIDED NOVEMBER 5, 1974. Habeas corpus. Ware Superior Court. Before Judge Hodges. Jawson D. Swint, pro se. Arthur K. Bolton, […]

510 S.E.2d 810 SCHMIDT v. SCHMIDT. SCHMIDT v. SCHMIDT. S98A1747, S98A1748.Supreme Court of Georgia. DECIDED JANUARY 11, 1999. — RECONSIDERATION DENIED FEBRUARY 5, 1999. FLETCHER, Presiding Justice. The primary issue in this case concerns appellate jurisdiction of orders under the Family Violence Act.[1] We now hold that orders entered under the Family Violence Act must […]

34 S.E.2d 654 GUNNELLS v. THE STATE. 15194.Supreme Court of Georgia. JULY 3, 1945. DUCKWORTH, Justice. 1. A ground of a motion for new trial will not be considered by the Supreme Court when it is disapproved by the trial judge. Horton v. Smith, 115 Ga. 66 (3) (41 S.E. 253); Cow v. Moore, 142 […]

542 S.E.2d 491 PORTER et al. v. HOUGHTON. S00A1892.Supreme Court of Georgia. DECIDED: FEBRUARY 5, 2001. FLETCHER, Presiding Justice. Herman Houghton brought a declaratory action against his late wife’s siblings seeking to establish that the siblings had no interest in lands Houghton claimed were owned by his wife at her death. However, we conclude that […]

227 S.E.2d 51 GOOGE v. THE STATE. 31199.Supreme Court of Georgia.ARGUED JUNE 14, 1976. DECIDED JUNE 30, 1976. NICHOLS, Chief Justice. The appellant was convicted of murder in Chatham County Superior Court in 1971 and sentenced to life imprisonment. Appellant later filed a petition for habeas corpus alleging denial of the right to appeal. The […]

188 S.E.2d 792 CARVER v. CRANFORD et al. 26971.Supreme Court of Georgia.ARGUED MARCH 13, 1972. DECIDED APRIL 6, 1972. NICHOLS, Justice. Upon further consideration of this case we have determined that the writ of certiorari was improvidently granted, and accordingly the case is Dismissed. All the Justices concur, except Gunter, J., who dissents. ARGUED MARCH […]

310 S.E.2d 528 WILLIAMS v. THE STATE. 40076.Supreme Court of Georgia. DECIDED JANUARY 5, 1984. REHEARING DENIED JANUARY 18, 1984. MARSHALL, Presiding Justice. In this case, the appellant Williams and a co-defendant Applin were convicted of burglary based, in part, on proof of their recent, unexplained possession of the stolen goods. The Court of Appeals […]

356 S.E.2d 207 THOMPKINS v. THE STATE. 44442.Supreme Court of Georgia. DECIDED MAY 27, 1987. MARSHALL, Chief Justice. Gary Bernard Thompkins appeals from his conviction of the felony murder of Henry Lee Burley and the aggravated assault of Charlie Lee Burley, for which he was sentenced to life imprisonment and a concurrent 12-years’ imprisonment, respectively.[1] […]

647 S.E.2d 574 ABCO BUILDERS, INC. v. PROGRESSIVE PLUMBING, INC. No. S07G0257.Supreme Court of Georgia. DECIDED JULY 13, 2007. MELTON, Justice. In Progressive Plumbing v. ABCO Builders, 281 Ga. App. 696 (637 SE2d 92) (2006), the Court of Appeals reversed the ruling of a superior court that, because an arbitration panel had shown a manifest […]

413 S.E.2d 722 ANDERSON v. THE STATE. S91A1280.Supreme Court of Georgia. DECIDED FEBRUARY 27, 1992. FLETCHER, Justice. Ricky Anderson was convicted of murdering Jerry Cowan.[1] Anderson appeals and we reverse. On the evening of December 3, 1988, several people, including appellant and his brother Marc, gathered for an impromptu drinking party at Jerry Cowan’s home. […]

261 S.E.2d 585 REDMOND v. ROYAL FORD, INC. et al. 35365.Supreme Court of Georgia.ARGUED SEPTEMBER 19, 1979. DECIDED OCTOBER 23, 1979. REHEARING DENIED NOVEMBER 21, 1979. PER CURIAM. This appeal contests the validity of a covenant not to Page 712 compete. Appellant was employed in July, 1974, by oral agreement as a salesman for Royal […]

198 S.E.2d 292 HODGES v. HODGES et al. 27858.Supreme Court of Georgia.ARGUED APRIL 10, 1973. DECIDED MAY 10, 1973. The evidence adduced upon the trial of the case did not demand a finding for the plaintiff, and the judgment of the trial court overruling the plaintiff’s motion for new trial on the usual general grounds […]

637 S.E.2d 687 BOYD v. ST. LAWRENCE. No. S06A1596.Supreme Court of Georgia. DECIDED NOVEMBER 20, 2006. SEARS, Chief Justice. In this pre-trial habeas action, the appellant, Dick Boyd, contended that he was entitled to be released from custody because he had not been taken before a “judicial officer authorized to receive an affidavit and issue […]

146 S.E.2d 289 BROWN et al. v. GRANITE HOLDING CORPORATION; and vice versa. 23178, 23179.Supreme Court of Georgia.SUBMITTED NOVEMBER 8, 1965. DECIDED DECEMBER 6, 1965. CANDLER, Presiding Justice. Granite Holding Corporation, a New York corporation, filed a suit in the Superior Court of Elbert County against Mrs. Frances A. Brown, W. P. Huie, E. L. […]

621 S.E.2d 732 IN THE MATTER OF JOHN CLARK WHATLEY VI. S05Y1838.Supreme Court of Georgia. DECIDED NOVEMBER 7, 2005. PER CURIAM. This disciplinary matter is before the Court pursuant to the Notice of Discipline filed by the State Bar alleging that John Clark Whatley VI violated Rules 1.15, 5.3, 5.4 and 5.5 of the Rules […]

33 S.E.2d 15 RIGGS v. MARTIN. 15069.Supreme Court of Georgia. FEBRUARY 7, 1945. One who, by placing posts and other obstructions in a road that has been used as a private way for as much as a year, closes the same without first giving the common users of the way thirty days’ notice in writing, […]

182 S.E.2d 94 BASSETT v. SMITH. 26482.Supreme Court of Georgia.SUBMITTED APRIL 13, 1971. DECIDED MAY 6, 1971. UNDERCOFLER, Justice. Jimmy K. Bassett filed an application for the writ of habeas corpus against S. Lamont Smith, Warden of the Georgia State Prison. The application alleges that the instructions on alibi given by the trial court to […]

163 S.E.2d 712 FRINK v. DERST BAKING COMPANY. 24841.Supreme Court of Georgia.SUBMITTED SEPTEMBER 12, 1968. DECIDED SEPTEMBER 24, 1968. REHEARING DENIED OCTOBER 10, 1968. DUCKWORTH, Chief Justice. While the alleged unsigned option, attached to the petition as an exhibit, reserved to the optionor the precise uses and privileges given him by the agreement subsequent to […]

70 S.E.2d 759 WARE v. MARTIN. 17814.Supreme Court of Georgia.SUBMITTED APRIL 14, 1952. DECIDED MAY 14, 1952. 1. Where exceptions pendente lite are filed by the plaintiff in error in the court below to orders overruling general and special demurrers and striking a plea in abatement, they cannot be considered by this court where no […]

59 S.E.2d 916 WHITE et al. v. SPAHR. 17087.Supreme Court of Georgia.MAY 10, 1950. REHEARING DENIED JUNE 16, 1950. 1. That which is most material and most certain in a description of land shall prevail over that which is less material and less certain; and whenever, in the description of land conveyed by deed, natural, […]

44 S.E.2d 377 DORSEY v. GREEN, executor, etc. DORSEY v. CLAIRMONT ESTATES INC. DORSEY v. GREEN et al. 15919, 15920, 15921.Supreme Court of Georgia. SEPTEMBER 6, 1947. The allegations of the petition showing that the deed conveying all other property, real or personal, in which the petitioner had any interest in his mother’s estate, was […]

132 S.E.2d 737 LIFE INSURANCE COMPANY OF GEORGIA v. BURKE. 22076.Supreme Court of Georgia.ARGUED JULY 8, 1963. DECIDED SEPTEMBER 5, 1963. 1. The questions of law as to the proper construction of the double indemnity provision of the policy of insurance not having been decided by the courts of Georgia, and having been decided contrary […]

256 S.E.2d 457 RUSSELL et al. v. SMOKERISE BATH RACQUET CLUB, INC. 34761.Supreme Court of Georgia.SUBMITTED APRIL 10, 1979. DECIDED MAY 31, 1979. NICHOLS, Chief Justice. Smokerise sought mandamus absolute requiring the DeKalb County Board of Commissioners and the county’s development director to issue a permit for installation of lighting on two of its four […]

9 S.E.2d 641 EMPLOYERS LIABILITY ASSURANCE CORPORATION et al. v. PRUITT. 13326.Supreme Court of Georgia. JUNE 12, 1940. The Court of Appeals requested this court’s answer to the following questions, as necessary for a decision of this case, to wit: (1) “Where an award has been made to a claimant for the death of her […]

69 S.E.2d 78 BANK OF LaFAYETTE v. GILES. 17562.Supreme Court of Georgia.SUBMITTED SEPTEMBER 10, 1951. DECIDED JANUARY 29, 1952. REHEARING DENIED FEBRUARY 14, 1952. 1. The indebtedness stipulated, for which the deed to secure debt would stand as security, is a described note, “or any other present or future indebtedness or liability of first parties […]

681 S.E.2d 165 WALTON v. WALTON. S09F0303Supreme Court of Georgia. DECIDED: JUNE 29, 2009 MELTON, Justice. Following a bench trial, Willie C. Walton (“Husband”) and Aileen Walton (“Wife”) were divorced pursuant to a Final Judgment and Decree of Divorce entered on March 27, 2008. After considering the income and other circumstances of both Husband and […]

369 S.E.2d 255 MOCK v. MOCK. 45658.Supreme Court of Georgia. DECIDED JUNE 23, 1988. RECONSIDERATION DENIED JULY 13, 1988. PER CURIAM. In this case the trial court found both parents equally fit to raise the minor child. However, the trial court granted custody of the child to the father because of his further finding that […]

373 S.E.2d 184 HANCE v. KEMP. 45750.Supreme Court of Georgia. DECIDED OCTOBER 20, 1988. RECONSIDERATIONS DENIED NOVEMBER 9, 1988. SMITH, Justice. We granted Hance’s application for a certificate of probable cause to appeal the superior court’s denial of his petition for a writ of habeas corpus. For reasons which follow, we affirm. Hance exercised his […]

497 S.E.2d 562 LEE v. PEACH COUNTY BOARD OF COMMISSIONERS ET AL. S98A0196.Supreme Court of Georgia. DECIDED APRIL 13, 1998. THOMPSON, Justice. Laurens C. Lee was appointed by the Judges of the Superior Court of the Macon Judicial Circuit to fill the unexpired term of the Chief Magistrate of Peach County after the previous chief […]

114 S.E.2d 863 R. G. FOSTER COMPANY et al. v. FOUNTAIN; and vice versa. 20887, 20894.Supreme Court of Georgia.ARGUED MAY 9, 1960. DECIDED JUNE 9, 1960. The demurrers of the defendants were properly overruled. The motions of the defendants for a directed verdict in their favor, and for a judgment notwithstanding the verdict, were properly […]

449 S.E.2d 827 MARTIN et al. v. HOSPITAL AUTHORITY OF CLARKE COUNTY. S94G0356.Supreme Court of Georgia. DECIDED NOVEMBER 21, 1994. HUNT, Chief Justice. We granted certiorari to the Court of Appeals in Hosp. Auth. of Clarke County v. Martin, 210 Ga. App. 893 (438 S.E.2d 103) (1993) to review that court’s majority opinion that under […]

110 S.E.2d 344 MARTIN, Caveatrix, v. BALDWIN, Executor. 20543.Supreme Court of Georgia.ARGUED JULY 13, 1959. DECIDED SEPTEMBER 11, 1959. 1. The complete file of the Veterans’ Administration, consisting of numerous documents, where offered as a whole, was properly excluded from evidence, since certain of the documents in the form of letters from doctors as to […]

240 S.E.2d 48 BRUNER v. BRUNER. 32783.Supreme Court of Georgia.SUBMITTED SEPTEMBER 23, 1977. DECIDED NOVEMBER 8, 1977. MARSHALL, Justice. The appellant wife and appellee husband were divorced by order of the Chatham Superior Court. The court, sitting without a jury, ordered a division of the parties’ property and awarded the wife alimony and child support, […]

196 S.E.2d 443 CURRY v. THE STATE. 27626.Supreme Court of Georgia.SUBMITTED DECEMBER 12, 1972. DECIDED MARCH 8, 1973. HAWES, Justice. Robert Curry was convicted of two counts of armed robbery and sentenced to life imprisonment on each count. He made a motion for a new trial on the general grounds only, which was overruled, and […]

647 S.E.2d 53 IN THE MATTER OF ALICE CALDWELL STEWART. No. S07Y1209.Supreme Court of Georgia. DECIDED JUNE 25, 2007. RECONSIDERATION DENIED JULY 26, 2007. PER CURIAM. This disciplinary matter is before the Court on the report and recommendation of the special master accepting the petition for Page 338 voluntary discipline filed by Alice Caldwell Stewart, […]

148 S.E.2d 324 CITY OF ALBANY v. OXFORD CONSTRUCTION COMPANY. 23324.Supreme Court of Georgia.ARGUED FEBRUARY 14, 1966. DECIDED MARCH 10, 1966. REHEARING DENIED MARCH 22, 1966. The Court of Appeals erred in finding that plaintiff’s petition failed to state a cause of action and was subject to a general demurrer. ARGUED FEBRUARY 14, 1966 — […]

350 S.E.2d 577 STOVER v. THE STATE. 43370.Supreme Court of Georgia. DECIDED DECEMBER 4, 1986. GREGORY, Justice. James Stover, Jr. was indicted for the offenses of aggravated sodomy and rape. He was convicted of sodomy as a lesser included offense of aggravated sodomy and sentenced to probation for a term of Page 516 five years. […]

440 S.E.2d 169 IN THE MATTER OF: INQUIRY CONCERNING A JUDGE NO. 93-154. S94A0742.Supreme Court of Georgia. DECIDED FEBRUARY 28, 1994. PER CURIAM. Following receipt of a handwritten complaint alleging judicial misconduct by Respondent, Judge Larry E. Cannon, Probate Judge of Rabun County, the Judicial Qualifications Commission notified Respondent that it would conduct an investigation. […]

517 S.E.2d 323 IN THE MATTER OF ALVIN L. KENDALL. S99Y0558.Supreme Court of Georgia. DECIDED: JUNE 1, 1999. PER CURIAM. This disciplinary matter is before the Court on the Petition for Voluntary Suspension of License Pending Appeal of the Respondent, Alvin L. Kendall. The State Bar and the special master appointed by Page 167 this […]

591 S.E.2d 805 SMITH v. THE STATE. S03A1702.Supreme Court of Georgia. DECIDED JANUARY 12, 2004. HUNSTEIN, Justice. Garrick Smith was convicted of malice murder, felony murder and two counts of aggravated assault, arising out of the shooting death of Anthony Barther and the shooting of Daniel Hudson. He appeals from the denial of his motion […]

490 S.E.2d 94 PETERS v. THE STATE. S97A0956.Supreme Court of Georgia. DECIDED SEPTEMBER 22, 1997 FLETCHER, Presiding Justice. A jury found Rommell B. Peters guilty of the felony murder of six-month-old Shante Alston, his girlfriend’s daughter.[1] The sole issue he raises is whether the trial court improperly limited the testimony of the defendant’s expert witness […]

401 S.E.2d 272 POLLARD v. BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA. S90A1146.Supreme Court of Georgia. DECIDED MARCH 1, 1991. HUNT, Justice. In 1986, plaintiff, Atha Pollard, was injured when she fell on a street on the campus of the Georgia Institute of Technology. She sued the Board of Regents, alleging negligence in […]

389 S.E.2d 245 IN THE MATTER OF ROBERT A. DANENBERG. SUPREME COURT DISCIPLINARY NO. 751.Supreme Court of Georgia. DECIDED FEBRUARY 7, 1990. PER CURIAM. Respondent Robert A. Danenberg was convicted of murder and aggravated assault in August 1989. He thereafter filed a petition for voluntary surrender of his license to practice law. The State Bar […]

686 S.E.2d 760 SMITH v. BROWN (two cases). Nos. S09A1653, S09A1654.Supreme Court of Georgia. DECIDED OCTOBER 19, 2009. RECONSIDERATION DENIED NOVEMBER 9, 2009. NAHMIAS, Justice. Arlanda Smith is the defendant in a pending criminal prosecution. He filed this pre-trial habeas corpus petition raising numerous issues regarding that prosecution, including a claim that the trial court […]

186 S.E.2d 865 GRACE BAPTIST CHURCH OF MARIETTA, INC. et al. v. TORCO, INC. 26906.Supreme Court of Georgia.ARGUED JANUARY 10, 1972. DECIDED JANUARY 19, 1972. NICHOLS, Justice. On August 30, 1971, Torco, Inc., filed a complaint against Grace Baptist Church of Marietta, Inc., et al., in which it sought to enjoin alleged violations of zoning […]

586 S.E.2d 309 STROZIER v. THE STATE. S03A1042.Supreme Court of Georgia. DECIDED SEPTEMBER 15, 2003. THOMPSON, Justice. Following a jury trial, judgments of conviction were entered against Bobby Strozier for the felony murder of Dianne Mitchell with aggravated assault as the underlying felony, aggravated assaults on Derek Jones and Melody Bonner, and two counts of […]

70 S.E.2d 463 CHAMBERS, executrix, et al. v. SCHALL, administratrix, et al. 17798.Supreme Court of Georgia.ARGUED MARCH 10, 1952. DECIDED APRIL 16, 1952. 1. It is ordinarily a question of fact for a jury whether actual ouster of cotenants results from occupation and retention of rents. 2. Since mere lapse of time is no bar […]

453 S.E.2d 725 MILLER v. GEORGIA DEPARTMENT OF PUBLIC SAFETY. S94A1230.Supreme Court of Georgia. DECIDED FEBRUARY 27, 1995. SEARS, Justice. The appellee, Georgia Department of Public Safety (DPS), has filed a motion to dismiss this direct appeal on the ground that the appellant, Walker Miller, was required to file an application to appeal under OCGA […]

518 S.E.2d 131 EMILLIANO RODRIQUEZ v. THE STATE S99A0253.Supreme Court of Georgia. DECIDED: MAY 3, 1999 Before THOMPSON, Justice. A jury found Emilliano Rodriguez guilty of the malice murder and felony murder of Jorge Paez, and guilty but mentally ill of the Page 41 malice murder and felony murder of Daysi Posada.[1] His contentions on […]

676 S.E.2d 169 OLÉ MEXICAN FOODS, INC. v. HANSON STAPLE COMPANY. No. S08G2029.Supreme Court of Georgia. DECIDED APRIL 28, 2009. CARLEY, Justice. Appellee Hanson Staple Company brought suit for breach of contract, alleging that Appellant Olé Mexican Foods, Inc. failed to purchase over $300,000 worth of packaging which was specially manufactured by Appellee for Appellant. […]

66 S.E.2d 732 BROCK v. THE STATE. 17527.Supreme Court of Georgia.SUBMITTED JULY 9, 1951. DECIDED SEPTEMBER 10, 1951. CANDLER, Justice. A grand jury in the Superior Court of Floyd County indicted Henry Brock, alias Son Brock, charging him with the murder of Mrs. Henry Brock, his estranged wife. He was convicted, without a recommendation, of […]

220 S.E.2d 269 STAPLETON v. THE STATE. 30242.Supreme Court of Georgia.ARGUED SEPTEMBER 4, 1975. DECIDED OCTOBER 29, 1975. HALL, Justice. Defendant Early L. Stapleton appeals from conviction on two counts of murder and one count of aggravated assault and raises among others, two claims under the Fifth Amendment to the United States Constitution. One enumeration, […]

635 S.E.2d 779 SWAIN v. THOMPSON. No. S06A1310.Supreme Court of Georgia. DECIDED OCTOBER 2, 2006. BENHAM, Justice. In a runoff election held December 6, 2005, Thompson was elected mayor of the City of Fitzgerald. The results were certified on December 8, 2005. Acting pro se, Swain filed a petition to contest the election on December […]

229 S.E.2d 451 FOSTER v. ALADDIN MILLS, INC. et al. 31426.Supreme Court of Georgia.SUBMITTED SEPTEMBER 14, 1976. DECIDED OCTOBER 5, 1976. INGRAM, Justice. This is an appeal directed to this court from an order of the Superior Court of Whitfield County which affirmed the action of the State Workmen’s Compensation Board terminating previously awarded compensation […]

168 S.E.2d 584 WILSON v. STATE BAR OF GEORGIA et al. 25191.Supreme Court of Georgia.ARGUED MAY 13, 1969. DECIDED MAY 22, 1969. REHEARING DENIED JUNE 12, 1969. 1. Rule 4-215 of the State Bar of Georgia (219 Ga. 911-913) affords the right to resist the production of any documents which would have a tendency to […]

221 S.E.2d 824 SIMMONS v. BALKCOM. 30066.Supreme Court of Georgia. DECIDED SEPTEMBER 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 […]

195 S.E.2d 416 FREEMAN et al. v. THE STATE. 27535.Supreme Court of Georgia.SUBMITTED NOVEMBER 14, 1972. DECIDED JANUARY 23, 1973. HAWES, Justice. R. V. Freeman, Jr., Albert Alvin Twiggs and Jimmy Lee Durr, having been convicted of the offense of murder and of the offense of robbery, Page 86 appealed from the judgments of conviction […]

292 S.E.2d 700 McCARTY v. THE STATE. 38601.Supreme Court of Georgia. DECIDED JUNE 30, 1982. REHEARING DENIED JULY 22, 1982. WELTNER, Justice. This case presents the question whether a Brady motion can be sufficient to invoke the provisions of Code Ann. § 27-1302,[1] which allows discovery of the defendant’s statements in a criminal case. Page […]

52 S.E.2d 848 McGINLEY et al. v. GOETTE et al. 16593.Supreme Court of Georgia. APRIL 13, 1949. HAWKINS, Justice. Thomas J. McGinley and Carrie Catherwood Pittman, as plaintiffs, brought their action in ejectment against Annie K. Goette and Clarence R. Goette, in the Superior Court of Chatham County, Georgia, the original petition alleging that the […]

158 S.E.2d 676 CLAXTON v. BOLTON, Attorney General. 24392.Supreme Court of Georgia.ARGUED NOVEMBER 15, 1967. DECIDED NOVEMBER 22, 1967. NICHOLS, Justice. J. W. Claxton filed a petition in the Superior Court of Fulton County seeking to modify and quash a subpoena duces tecum issued by the Attorney General under the Act of 1943 (Ga. L. […]

227 S.E.2d 247 HARALSON v. MOORE. 31150.Supreme Court of Georgia.ARGUED JUNE 15, 1976. DECIDED JUNE 30, 1976. REHEARING DENIED JULY 14, 1976. NICHOLS, Chief Justice. This is an appeal from an order changing custody of child from the mother to the father in a habeas corpus action. In a previous appeal in this case, this […]

286 S.E.2d 8 COLLINS v. THE STATE. 38116.Supreme Court of Georgia. DECIDED JANUARY 5, 1982. MARSHALL, Justice. Timothy Collins, Jr., appeals from his conviction of murder and his life sentence. 1. There was evidence adduced to the following effect. The appellant and the victim, Marion Hill, lived with Ezekial Stone and his wife. When the […]

319 S.E.2d 447 WHITE v. WHITE. 40943.Supreme Court of Georgia. DECIDED SEPTEMBER 6, 1984. PER CURIAM. On March 3, 1983, the appellant, Edith Burdette White, filed an action for divorce in the Superior Court of Clarke County, alleging that the marriage was irretrievably broken and praying for an equitable division of the marital property. On […]

642 S.E.2d 812 HEIGHT v. THE STATE. No. S06A2107.Supreme Court of Georgia. DECIDED MARCH 19, 2007. HUNSTEIN, Presiding Justice. Marvin Lee Height was convicted of murder in the January 2001 beating death of Lorange Wood.[1] For the reasons that follow, we affirm. 1. In his first enumeration of error, Height contends that the evidence presented […]

462 S.E.2d 713 GEORGIA FARM BUREAU MUTUAL INSURANCE COMPANY v. KILGORE et al. S95G0939.Supreme Court of Georgia. DECIDED OCTOBER 16, 1995 — RECONSIDERATION DENIED NOVEMBER 9, 1995. CARLEY, Justice. A simplified statement of the facts relevant to this case is as follows: Georgia Farm Bureau Mutual Insurance Company (GFB) provided uninsured motorist coverage for an […]

305 S.E.2d 589 LASTER v. THE STATE. 39945.Supreme Court of Georgia. DECIDED JULY 13, 1983. PER CURIAM. The order of the trial court, which denied appellant’s motion for bail and his request for a state-provided transcript of his bail bond Page 247 hearing, is hereby affirmed. Judgment affirmed. All the Justices concur. DECIDED JULY 13, […]

175 S.E.2d 536 COOK et al. v. AUL et al. 25810.Supreme Court of Georgia.SUBMITTED MAY 12, 1970. DECIDED JUNE 9, 1970. ALMAND, Chief Justice. This appeal is from an order overruling a motion to dismiss for lack of jurisdiction as to two defendants in an equitable proceeding. Substantial relief was prayed against the resident defendant […]

673 S.E.2d 213 BALLARD v. THE STATE. No. S08A1720.Supreme Court of Georgia. DECIDED FEBRUARY 9, 2009. BENHAM, Justice. Appellant Quincy Ballard appeals from the judgment of conviction entered on a jury verdict finding him guilty of malice murder and aggravated assault.[1] In his sole enumerated error, appellant contends he was not afforded his constitutional right […]

195 S.E.2d 446 GRAMLICK v. GRIFFIN. 27398.Supreme Court of Georgia.SUBMITTED SEPTEMBER 12, 1972. DECIDED JANUARY 4, 1973. HAWES, Justice. The appeal here is from the denial of a writ of habeas corpus in an extradition case. The requisition of the Governor of Virginia, the demanding State, which was directed to the Governor of Georgia, recites […]

157 S.E.2d 247 SULLIVAN v. THE STATE. 24253.Supreme Court of Georgia.ARGUED SEPTEMBER 12, 1967. DECIDED SEPTEMBER 21, 1967. REHEARING DENIED OCTOBER 5, 1967. DUCKWORTH, Chief Justice. The accused was indicted, tried and convicted of murder without a recommendation for mercy. The appeal is from the judgment and sentence and enumerates as error: (1) denial of […]

154 S.E.2d 594 BERTA v. THE STATE. 23926.Supreme Court of Georgia.ARGUED FEBRUARY 13, 1967. DECIDED MARCH 23, 1967. REHEARING DENIED APRIL 6, 1967. 1. Code § 26-6905, making it a misdemeanor for any person to “pursue his business or the work of his ordinary calling on the Lord’s day, works of necessity or charity only […]

182 S.E.2d 121 HOOD v. CARMICAL et al. 26425.Supreme Court of Georgia.ARGUED APRIL 14, 1971. DECIDED MAY 6, 1971. REHEARING DENIED MAY 20, 1971. GRICE, Justice. This appeal is from the denial of appellant’s motion for summary judgment in an action to remove a cloud upon title to real estate. The appellant claimed title to […]

47 S.E.2d 501 SOUTHERN RAILWAY COMPANY v. WAGES et al. 16120.Supreme Court of Georgia. MARCH 17, 1948. REHEARING DENIED MARCH 31, 1948. JENKINS, Chief Justice. The State Highway Board acquired from Jackson County as a State-aid road a certain highway, which the county had maintained as a part of its public-road system under an easement […]

78 S.E.2d 799 ST. PAUL-MERCURY INDEMNITY CO. et al. v. IDOV. 18377.Supreme Court of Georgia.ARGUED OCTOBER 14, 1953. DECIDED NOVEMBER 10, 1953. REHEARING DENIED NOVEMBER 25, 1953. CANDLER, Justice. On application therefor, certiorari was granted by this court to review a judgment rendered by the Court of Appeals in this litigation. The case involves the […]

637 S.E.2d 659 DAIMLERCHRYSLER CORPORATION et al. v. FERRANTE et al. GEORGIA PACIFIC CORPORATION et al. v. MITCHELL et al. GEORGIA PACIFIC CORPORATION et al. v. HALL et al. GEORGIA PACIFIC CORPORATION et al. v. ODUM et al. GEORGIA PACIFIC CORPORATION et al. v. ETRESS et al.; GEORGIA PACIFIC CORPORATION et al. v. HASBERRY et […]

647 S.E.2d 48 JOHNSON v. THE STATE. No. S07A0798.Supreme Court of Georgia. Decided June 25, 2007. MELTON, Justice. Following a jury trial,[1] Antonio Johnson appeals his convictions for felony murder, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a felony, contending that the evidence was insufficient […]

490 S.E.2d 369 LEGARE, ADMINISTRATRIX v. LEGARE et al., EXECUTORS. S97A1600.Supreme Court of Georgia. DECIDED OCTOBER 6, 1997 CARLEY, Justice. The will of Ms. Naomi Brown devised the residue of her estate to Page 475 her nephew “John Houston Legare.” However, she had no nephew by that name. Instead, Ms. Brown had two nephews, who […]

136 S.E.2d 375 JACKSON v. THE STATE. 22418.Supreme Court of Georgia.SUBMITTED MARCH 10, 1964. DECIDED APRIL 13, 1964. For reasons stated in the opinion, the trial court did not err in denying the amended motion for new trial. SUBMITTED MARCH 10, 1964 — DECIDED APRIL 13, 1964. Murder. Fulton Superior Court. Before Judge Dyer. The […]