Category: Georgia Supreme Court Opinions

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 […]

49 S.E.2d 898 THE STATE OF GEORGIA, ex rel. DAWSON, Solicitor-General, v. DENMARK et al. 16364.Supreme Court of Georgia. OCTOBER 13, 1948. CANDLER, Justice. A motion has been made to dismiss the writ of error for want of service. On this question the record shows only this: On June 19, 1948, a proposed bill of […]

285 S.E.2d 728 HAWKES v. HAWKES. 38115.Supreme Court of Georgia. DECIDED JANUARY 7, 1982. HILL, Presiding Justice. On May 7, 1981, the Madison County Superior Court entered an order requiring Sherman Buford Hawkes to pay his former wife the sum of $999.65, as reimbursement for the court costs and attorney fees she incurred in the […]

140 S.E.2d 871 BURNAM et al. v. WILKERSON. 22754.Supreme Court of Georgia.ARGUED JANUARY 11, 1965. DECIDED FEBRUARY 4, 1965. There being evidence to support the verdict, the trial court did not err in overruling the motion for new trial or in overruling the motion for judgment notwithstanding the verdict. ARGUED JANUARY 11, 1965 — DECIDED […]

466 S.E.2d 584 DYER v. SURRATT S95G1165Supreme Court of Georgia. DECIDED FEBRUARY 12, 1996 BENHAM, Chief Justice. Appellant Hal Dyer and appellee Michelle Dyer Surratt were married in 1988. They were living Georgia in 1990 when the parties separated, with Surratt and the couple’s two minor children moving to North Carolina. The parties were divorced […]

7 S.E.2d 251 RHODES v. PEARCE, sheriff. 13105.Supreme Court of Georgia. FEBRUARY 14, 1940. 1. A judge of the superior court has not power under the Code, § 76-101, to issue a peace warrant for arrest and commitment to jail of a person upon grounds therein stated; but he has such power under the Code, […]

86 S.E.2d 319 PERSONS, Supt. of Banks, v. MASHBURN et al. 18837.Supreme Court of Georgia.SUBMITTED JANUARY 11, 1955. DECIDED FEBRUARY 14, 1955. ADHERED TO ON REHEARING MARCH 16, 1955. 1. Much responsibility is laid by Code (Ann. Supp.) § 13-905 upon the Superintendent of Banks in approving an application for a bank charter. The remedy […]

640 S.E.2d 44 PARKER v. THE STATE. No. S06A1964.Supreme Court of Georgia. DECIDED JANUARY 8, 2006. THOMPSON, Justice. Appellant James Lamar Parker was convicted of malice murder, aggravated assault, arson of a vehicle, and possession of a weapon during the commission of a felony, in connection with the shooting death of John Travis Schandera.[1] On […]

297 S.E.2d 9 BAKER v. THE STATE. 39011.Supreme Court of Georgia. DECIDED NOVEMBER 12, 1982. CLARKE, Justice. Richard Lamar Baker was indicted, tried and convicted in Brooks County for the murder of his father, James Baker, and of concealing a death. He was sentenced to life in prison plus twelve months consecutive. Investigation in the […]

223 S.E.2d 802 SHAPRAY v. SHAPRAY. 30621.Supreme Court of Georgia.ARGUED JANUARY 19, 1976. DECIDED FEBRUARY 11, 1976. REHEARING DENIED MARCH 2, 1976. HALL, Justice. This is an appeal from a divorce judgment in favor of the wife on the ground that the marriage was irretrievably broken. The husband had cross claimed for a divorce based […]

353 S.E.2d 908 EMMONS et al. v. BURKETT. 43794.Supreme Court of Georgia. DECIDED MARCH 19, 1987. RECONSIDERATION DENIED APRIL 2, 1987. BELL, Justice. We granted certiorari in this case to determine whether the Court of Appeals correctly concluded that the appellee creditor, who had sold a small portion of the debtor’s collateral without the notice […]

651 S.E.2d 62 ALEJANDRO v. ALEJANDRO. No. S07F0743.Supreme Court of Georgia. DECIDED SEPTEMBER 24, 2007. HINES, Justice. This appeal arises from a final judgment and decree of divorce.[1] For the reasons that follow, we affirm. The parties were married in 1998, while both were in college. There were two children of the marriage, born in […]

210 S.E.2d 722 PELLETIER v. NORTHBROOK GARDEN APARTMENTS. 29006.Supreme Court of Georgia.SUBMITTED JULY 12, 1974. DECIDED NOVEMBER 18, 1974. HALL, Justice. This appeal is from a judgment of DeKalb Superior Court dismissing an injunctive action, filed by a tenant against a landlord, which sought to set aside an earlier default judgment obtained by the landlord […]

390 S.E.2d 39 MERCADO v. THE STATE. S90A0226.Supreme Court of Georgia. DECIDED APRIL 12, 1990. HUNT, Justice. Raul Mercado, was sentenced to life in prison for malice murder, arising from the death of Ismael Aguirre-Franque in Fulton County on May 27, 1988.[1] His sole enumeration of error is the sufficiency of the evidence. We affirm. […]

306 S.E.2d 242 HUGHES v. THE STATE. 39986.Supreme Court of Georgia. DECIDED SEPTEMBER 7, 1983. MARSHALL, Presiding Justice. Jeffery Hughes was convicted of the murder of Alonza Davis in Tift County and sentenced to life imprisonment. His appointed attorney has filed a motion to withdraw from the case on the basis that any appeal would […]

215 S.E.2d 4 TODD v. TODD. 29756.Supreme Court of Georgia.ARGUED MARCH 10, 1975. DECIDED APRIL 8, 1975. UNDERCOFLER, Presiding Justice. Diane Suttles Todd filed a complaint for divorce against Glenn E. Todd. A divorce was granted on the ground that the marriage was irretrievably broken. The evidence was heard by the trial court without a […]

245 S.E.2d 299 GRAY et al. v. BARLOW et al. 33380.Supreme Court of Georgia.ARGUED MARCH 15, 1978. DECIDED MAY 23, 1978. PER CURIAM. Ben B. Gray, III, and Rita M. Gray, defendants in the trial court, appeal from the grant of temporary injunction against them, requiring the removal of an obstruction from a road. The […]

715 S.E.2d 73 CITY OF STATESBORO et al. v. DABBS et al.; and vice versa. Nos. S11A0760, S11X0761.Supreme Court of Georgia. DECIDED SEPTEMBER 12, 2011. MELTON, Justice. This appeal involves the manner in which a superior court may enforce the provisions of the Open Meetings Act, OCGA § 50-14-1 et seq., against a municipality. The […]

588 S.E.2d 688 CSX TRANSPORTATION, INC. et al. v. CITY OF GARDEN CITY et al. S03Q1058.Supreme Court of Georgia. DECIDED OCTOBER 20, 2003. HUNSTEIN, Justice. This appeal involves certified questions from the United States Court of Appeals for the Eleventh Circuit.[1] In 1996 Garden City entered into a series of agreements with CSX Transportation, Inc. […]

581 S.E.2d 32 RICKETT v. THE STATE. S03A0741.Supreme Court of Georgia. DECIDED: May 19, 2003 CARLEY, Justice. In 1986, James Albert Rickett pled guilty in Ware County to a charge of trafficking in cocaine, and the trial court imposed a 25-year sentence. In 1998, a federal court in Florida sentenced him to a 180-month prison […]

285 S.E.2d 703 WEST et al. v. DORSEY et al. 37857.Supreme Court of Georgia. DECIDED JANUARY 6, 1982. REHEARING DENIED JANUARY 26, 1982. WELTNER, Justice. We granted certiorari to distinguish between Southern Discount Co. v. Ector, 246 Ga. 30 (268 S.E.2d 621) (1980), an Maynard v. Marshall, 91 Ga. 840 (18 S.E. 403) (1893), as […]

156 S.E.2d 55 TALLEY v. SUN FINANCE COMPANY. 24104.Supreme Court of Georgia.ARGUED JUNE 12, 1967. DECIDED JUNE 22, 1967. DUCKWORTH, Chief Justice. 1. The judgment complained of shows that it was determined after consideration of stipulations as to the existing indebtedness and payments made thereon together with the defense of usury in that the Georgia […]

221 S.E.2d 595 TRAX, INC. et al. v. CITY OF COLLEGE PARK. 30485.Supreme Court of Georgia.SUBMITTED NOVEMBER 7, 1975. DECIDED JANUARY 7, 1976. NICHOLS, Chief Justice. The City of College Park filed the present action against Trax, Inc. and Hayne D. McCondichie to enjoin them from maintaining an obstruction to the natural flow of water […]

149 S.E.2d 315 SPURLIN v. THE STATE. 23459.Supreme Court of Georgia.ARGUED MAY 11, 1966. DECIDED MAY 26, 1966. CANDLER, Presiding Justice. Ralph Spurlin, Charles Harper, James Evans and Denny Pressley were jointly indicted in Fulton County for robbery. The indictment alleges that they did by use of an offensive weapon, a pistol, and by intimidation, […]

369 S.E.2d 736 GLEN OAK, INC. v. HENDERSON. 45560.Supreme Court of Georgia. DECIDED JUNE 30, 1988. RECONSIDERATION DENIED JULY 29, 1988. MARSHALL, Chief Justice. In this third of three lawsuits resulting from a lease contract and a contract for the purchase and sale of Henderson’s sod business, the trial court granted an interlocutory injunction, and […]

677 S.E.2d 126 CLAYTON v. THE STATE. No. S09A0531.Supreme Court of Georgia. DECIDED MAY 18, 2009. HINES, Justice. This is a pro se appeal by criminal defendant Luther James Clayton from the denial of his motion for an out-of-time appeal from the judgments of conviction and sentences entered on his guilty pleas. For the reasons […]

235 S.E.2d 379 DOUGHTIE et al. v. DENNISSON et al. 32010.Supreme Court of Georgia.ARGUED FEBRUARY 16, 1977. DECIDED APRIL 6, 1977. REHEARING DENIED APRIL 27, 1977. PER CURIAM. This is an appeal from the grant of an interlocutory injunction which restrained further construction of Doughtie’s lakefront residence upon land claimed by Dennisson to be reserved […]

190 S.E.2d 52 BROWN v. CALDWELL. 27095.Supreme Court of Georgia.SUBMITTED MARCH 13, 1972. DECIDED MAY 19, 1972. HAWES, Justice. The appeal here is from the order and judgment of the Superior Court of Tattnall County remanding the appellant to the custody of the warden of the State prison after a hearing on his application for […]

622 S.E.2d 850 ROZAR v. DONALD et al. S05A1495.Supreme Court of Georgia. DECIDED DECEMBER 1, 2005. RECONSIDERATION DENIED DECEMBER 15, 2005. HINES, Justice. This Court granted inmate Scott Lee Rozar’s application for discretionary appeal from a January 14, 2005 order of the Superior Court of Fulton County dismissing his petition for writ of mandamus for […]

249 S.E.2d 612 HARRELL v. HARRELL. 33832.Supreme Court of Georgia.SUBMITTED JULY 14, 1978. DECIDED SEPTEMBER 8, 1978. PER CURIAM. When the mother filed this suit for permanent custody, support, alimony, and attorney fees, a divorce court had already awarded temporary custody to the father and had granted a divorce on the pleadings, reserving these same […]

569 S.E.2d 499 CITY OF POULAN et al. v. HODGE. S02G0083.Supreme Court of Georgia. Decided September 16, 2002 HUNSTEIN, Justice. We granted certiorari in this workers’ compensation case to determine whether the Court of Appeals properly found that the failure to have a “maximum medical improvement” (or “MMI”) determination tolled the statute of limitation for […]

684 S.E.2d 255 McCLURE v. KEMP. No. S09A1371.Supreme Court of Georgia. DECIDED SEPTEMBER 28, 2009. THOMPSON, Justice. Clifford McClure was convicted of multiple offenses in connection with the vehicular homicide of Joshua Whitehead. His convictions were affirmed on appeal in McClure v. State, 273 Ga. App. 751 (615 SE2d 856) (2005). Subsequently, McClure filed a […]

452 S.E.2d 100 MORRIS v. THE STATE. S94A1179.Supreme Court of Georgia. DECIDED JANUARY 17, 1995. FLETCHER, Justice. Curtis Morris was found guilty of the malice murder and felony murder of Patricia Cauley and was sentenced to life imprisonment for malice murder.[1] For the reasons stated below, we reverse. The body of Patricia Cauley was found […]

475 S.E.2d 892 SELMAN v. THE STATE. S96A1152.Supreme Court of Georgia. DECIDED SEPTEMBER 23, 1996 — RECONSIDERATION DENIED OCTOBER 17, 1996. HINES, Justice. Stanley Selman appeals his convictions for malice murder and possession of a firearm during the commission of murder in connection with the fatal shooting of James Williams.[1] We affirm. Page 199 The […]

241 S.E.2d 204 THOMAS v. THE STATE. 32973.Supreme Court of Georgia.SUBMITTED NOVEMBER 11, 1977. DECIDED JANUARY 3, 1978. HALL, Justice. Susan Thomas appeals her conviction and life sentence for the murder of Fred Edwards. We affirm. The state’s evidence tended to show that on the night in question Susan Thomas and the victim, with whom […]

132 S.E.2d 778 CLARK, Tax Commissioner v. KAYLOR, Commissioner of Roads Revenue. 22051.Supreme Court of Georgia.ARGUED JULY 8, 1963. DECIDED SEPTEMBER 5, 1963. REHEARING DENIED SEPTEMBER 18, 1963. The Tax Commissioner of Whitfield County is entitled to a commission of 10% of the taxes collected in excess of 90% of the total taxes due for […]

201 S.E.2d 440 GREEN v. GREEN. 28075.Supreme Court of Georgia.SUBMITTED JULY 13, 1973. DECIDED SEPTEMBER 6, 1973. NICHOLS, Justice. This is an appeal from a denial of relief upon a petition for a writ of habeas corpus. On direct appeal his conviction was affirmed. Green v. State, 124 Ga. App. 469 (184 S.E.2d 194). The […]

708 S.E.2d 331 JOHNSON v. THE STATE. No. S10A1720.Supreme Court of Georgia. DECIDED MARCH 18, 2011 NAHMIAS, Justice. Melvin Johnson appeals his convictions for malice murder and other crimes in connection with the shooting death of Casimiro Ybarra. We affirm.[1] 1. The evidence at trial, viewed in the light most favorable to the Page 804 […]

238 S.E.2d 99 SHELL v. SHELL. 32510.Supreme Court of Georgia.SUBMITTED JULY 8, 1977. DECIDED SEPTEMBER 7, 1977. UNDERCOFLER, Presiding Justice. This appeal is from a jury trial in a divorce case. The jury granted to the wife the divorce, custody of the minor son, $35 per week child support but no alimony, and the home […]

28 S.E.2d 469 McCUTCHEON v. MacNEILL, treasurer. 14729.Supreme Court of Georgia. NOVEMBER 30, 1943. REHEARING DENIED DECEMBER 13, 1943. One who had been a deputy sheriff of Fulton County, but who on March 11, 1943, had been given a “leave” by the sheriff, and was by the sheriff on March 19, 1943, notified that the […]

202 S.E.2d 91 ANDERSON v. ROTH. 28349.Supreme Court of Georgia.SUBMITTED OCTOBER 15, 1973. DECIDED NOVEMBER 8, 1973. INGRAM, Justice. The Sheriff of Richmond County appeals from an order of the superior court of that county discharging the appellee from his custody after a habeas corpus hearing. The appellee is a member of the armed forces […]

22 S.E.2d 785 HARDIN v. KELLY et al. 14341.Supreme Court of Georgia. NOVEMBER 12, 1942. A sheriff’s deed must follow the levy. Where the entry of levy gives the boundary lines of exactly 101 1/4 acres of land, and fixes the west boundary as other lands owned by the defendant in fi. fa., and the […]

636 S.E.2d 545 BLITCH v. THE STATE. No. S06A1500.Supreme Court of Georgia. DECIDED OCTOBER 16, 2006. BENHAM, Justice. Appellant Melissa Suzanne Blitch was stopped by a Gwinnett County police officer after he observed she was not wearing a seat/shoulder safety belt while operating her car. OCGA §40-8-76.1. When the officer approached her stopped car, he […]

239 S.E.2d 21 HILL v. THE STATE. 32683.Supreme Court of Georgia.SUBMITTED AUGUST 26, 1977. DECIDED OCTOBER 19, 1977. JORDAN, Justice. Appellant R. J. Hill was convicted in 1974 of murder and sentenced to life imprisonment. Hill was granted an out-of-time appeal pursuant to an order entered following his habeas corpus hearing in the Superior Court […]

31 S.E.2d 818 CHRISTOPHER v. CHRISTOPHER; et vice versa. 14922, 14925.Supreme Court of Georgia.SEPTEMBER 8, 1944. REHEARING DENIED OCTOBER 7, 1944. 1. An assignment of error on exceptions pendente lite or on rulings therein complained of is sufficient when the final bill of exceptions shows that exceptions pendente lite were duly filed and certified in […]

20 S.E.2d 403 MOORE v. THE STATE. 14124.Supreme Court of Georgia. MAY 20, 1942. JENKINS, Justice. 1. While “all admissions shall be scanned with care, and confessions of guilt shall be received with great caution,” and “a confession alone, uncorroborated by any other evidence, shall not justify a conviction” (Code, § 38-420), yet “a conviction […]

234 S.E.2d 535 THE STATE v. SANDERS. 31861.Supreme Court of Georgia.SUBMITTED FEBRUARY 4, 1977. DECIDED APRIL 6, 1977. PER CURIAM. This court granted certiorari to review the decision of the Court of Appeals in Sanders v. State, 140 Ga. App. 101 (230 S.E.2d 20) (1976). After further consideration we have determined that the writ was […]

561 S.E.2d 822 BURKHARDT v. BURKHARDT. S02A0436.Supreme Court of Georgia. DECIDED: MARCH 28, 2002. FLETCHER, Chief Justice. The trial court denied Scott Burkhardt’s motion to set aside the final judgment and decree in a divorce action brought by his wife Kristi Burkhardt. Mr. Burkhardt appeals, contending that service in Wisconsin on his mother at her […]

562 S.E.2d 508 CANADA v. THE STATE. S02A0446.Supreme Court of Georgia. DECIDED: APRIL 15, 2002. CARLEY, Justice. Joe E. Canada was convicted of malice murder, felony murder, aggravated assault, and possession of a knife during the commission of a crime. Correctly treating the felony murder count as surplusage and the aggravated assault count as having […]

204 S.E.2d 115 BUSH v. CARPENTER et al. 28627.Supreme Court of Georgia.SUBMITTED JANUARY 25, 1974. DECIDED MARCH 7, 1974. JORDAN, Justice. This is an appeal from the judgment of Baldwin Superior Court dismissing the appellant’s petition in the nature of a habeas corpus. The appellant is an inmate of Central State Hospital at Page 817 […]

247 S.E.2d 103 IRWIN v. BUSBEE et al. 33944.Supreme Court of Georgia.SUBMITTED JULY 12, 1978. DECIDED JULY 14, 1978. BOWLES, Justice. Suit has been brought in this case by the appellant, a candidate for Governor, requesting that an injunction issue restraining the defendant, Governor George D. Busbee, from proceeding in his endeavor to succeed himself […]

268 S.E.2d 656 NOLAN v. MEYNERS-ROBINSON COMPANY, INC. 36150.Supreme Court of Georgia.SUBMITTED APRIL 18, 1980. DECIDED JUNE 17, 1980. UNDERCOFLER, Chief Justice. This case is controlled by Durham v. Stand-By Labor of Georgia, Inc., 230 Ga. 558 (198 S.E.2d 145) (1973), where we held that although noncompetition clauses in employment contracts may not be enforceable, […]

338 S.E.2d 669 WILLIAMS v. KEMP. 43151.Supreme Court of Georgia. DECIDED JANUARY 28, 1986. MARSHALL, Presiding Justice. The applicant, Harold Glenn Williams, was convicted of burglary and murder, and he was given the death penalty for the murder conviction. His convictions and sentences were affirmed on direct appeal in Williams v. State, 250 Ga. 553 […]

404 S.E.2d 564 TANKERSLEY v. THE STATE. S91A0566.Supreme Court of Georgia. DECIDED JUNE 12, 1991. BELL, Justice. James E. Tankersley was convicted of the malice murder of James Harrell and William Reese and acquitted of the murder of Richard Lavarnway. Tankersley was sentenced to two consecutive life sentences.[1] On appeal, Tankersley contends that he was […]

162 S.E.2d 405 LANGAN v. LANGAN. 24634.Supreme Court of Georgia.ARGUED MAY 15, 1968. DECIDED JUNE 20, 1968. 1. The motion to dismiss the appeal is without merit and is denied. 2. The evidence in this case showed that the defendant husband had purchased a house and lot and had caused the title thereto to be […]

150 S.E.2d 838 WASHINGTON v. THE STATE. 23713.Supreme Court of Georgia.SUBMITTED SEPTEMBER 14, 1966. DECIDED SEPTEMBER 22, 1966. REHEARING DENIED SEPTEMBER 29, 1966. The verdict finding the appellant guilty of murder was authorized by the evidence. SUBMITTED SEPTEMBER 14, 1966 — DECIDED SEPTEMBER 22, 1966 — REHEARING DENIED SEPTEMBER 29, 1966. Murder. Washington Superior Court. […]

410 S.E.2d 116 ROBINSON v. THE STATE. S91G0946.Supreme Court of Georgia. DECIDED NOVEMBER 22, 1991. CLARKE, Chief Justice. Petitioner Karzell Robinson, Jr. was convicted of two counts of armed robbery. His convictions were affirmed by a majority of the Court of Appeals. Robinson v. State, 199 Ga. App. 368 (405 S.E.2d 101) (1991). We granted […]

361 S.E.2d 825 PORTER v. FRAZIER et al. 44946.Supreme Court of Georgia. DECIDED NOVEMBER 19, 1987. HUNT, Justice. This case raises an interesting jurisdictional question arising from the passage of OCGA § 15-9-120 et seq., effective to all cases filed after July 1, 1986.[1] Under its provisions, appeals from certain probate courts are no longer […]

564 S.E.2d 445 CITY OF WALNUT GROVE v. QUESTCO, LTD. QUESTCO, LTD. v. CITY OF WALNUT GROVE et al. S02A0736 S02X0737.Supreme Court of Georgia. DECIDED: JUNE 10, 2002 HUNSTEIN, Justice. The City of Walnut Grove appeals from the ruling of the Walton County Superior Court holding that the City’s 1998 comprehensive sign ordinance was enacted […]

518 S.E.2d 113 EARNEST RAY WHITE v. THE STATE S98G1599Supreme Court of Georgia. DECIDED MAY 3, 1999. Before FLETCHER, Presiding Justice. We granted certiorari to consider the scope of the state’s obligation under OCGA § 17-16-5 (b) to make a written response to a defendant’s notice of alibi. We hold that the statute imposes reciprocal […]

695 S.E.2d 195 HICKS v. THE STATE. No. S10A0177.Supreme Court of Georgia. DECIDED APRIL 19, 2010. RECONSIDERATION DENIED JUNE 7, 2010. THOMPSON, Justice. Appellant Deanthony Rashawn Hicks was convicted of malice murder and possession of a firearm during the commission of a felony in connection with the fatal shooting of Michael Howard.[1] He appeals from […]

157 S.E.2d 740 STRICKLAND et al. v. STATEN. 24321.Supreme Court of Georgia.SUBMITTED OCTOBER 9, 1967. DECIDED OCTOBER 20, 1967. MOBLEY, Justice. The appellee filed a motion to dismiss the appeal in this case on the ground that the transcript of evidence was not filed within the time required by law and there was no grant […]

198 S.E.2d 145 DURHAM v. STAND-BY LABOR OF GEORGIA, INC. 27813.Supreme Court of Georgia.SUBMITTED MARCH 13, 1973. DECIDED MAY 10, 1973. 1. The general noncompetition provision of the contract of employment in proscribing post-employment competitive activity on the part of the employee “within a radius of 50 miles of any city in which Stand-By Services, […]

553 S.E.2d 798 ADAMS et al. v. GEORGIA DEPARTMENT of CORRECTIONS et al. S01A1295.Supreme Court of Georgia. DECIDED: OCTOBER 5, 2001. CARLEY, Justice. Appellants are opponents of capital punishment who filed a mandamus action to prohibit appellees Georgia Department of Corrections, Commissioner Jim Wetherington and the Georgia Board of Corrections from using the electric chair […]

155 S.E.2d 862 PRATHER v. THE STATE. 24135.Supreme Court of Georgia.SUBMITTED JUNE 13, 1967. DECIDED JUNE 22, 1967. DUCKWORTH, Chief Justice. The constitutional attack upon Code § 26-2603, as amended (Ga. L. 1963, p. 295; 1965, p. 295; 1965, p. 504; 1966, pp. 555, 556) which would give this court jurisdiction of this appeal is […]

48 S.E.2d 878 DEAS et al. v. JACKSON et al. 16210.Supreme Court of Georgia. MAY 14, 1948. REHEARING DENIED JULY 16, 28, 1948. 1. A person who has been defrauded out of his property may sue to recover the property or may sue the party guilty of fraud for the value of the property. 2. […]

5 S.E.2d 897 MORGAN v. BELL. 13043.Supreme Court of Georgia. NOVEMBER 16, 1939. REHEARING DENIED DECEMBER 5, 1939. There was legal and sufficient testimony by which the jury were authorized to find in favor of the caveator on the issue of testamentary capacity. The fact that illegal and incompetent testimony which was without probative value […]

152 S.E.2d 692 CARR v. CAR-PERK SERVICES, INC. 23768.Supreme Court of Georgia.SUBMITTED NOVEMBER 15, 1966. DECIDED DECEMBER 5, 1966. MOBLEY, Justice. This is an appeal from a judgment sustaining a motion to dismiss a plea in bar. The plea, based upon the ground of former adjudication between the parties, was not sufficient to withstand petitioner’s […]

110 S.E.2d 768 TODD et al. v. BIVINS. FLEISCHER et al. v. BIVINS. 20648, 20649.Supreme Court of Georgia.ARGUED SEPTEMBER 16, 1959. DECIDED OCTOBER 9, 1959. MOBLEY, Justice. 1. “A petition for specific performance of a contract for the sale of land, is sufficient as against general demurrer, where it is alleged that the contract is […]

275 S.E.2d 42 WILLIAMSON v. WILLIAMSON. 36718.Supreme Court of Georgia. DECIDED FEBRUARY 20, 1981. REHEARING DENIED MARCH 11, 1981. PER CURIAM. We granted certiorari in this case to determine “whether personal jurisdiction over a non-resident defendant is necessary in a suit to domesticate a foreign alimony judgment and enforce the judgment against property of the […]

224 S.E.2d 383 HEYWARD v. THE STATE. 30517.Supreme Court of Georgia.ARGUED JANUARY 12, 1976. DECIDED APRIL 6, 1976. HILL, Justice. This is another lineup identification case. It rises like the mountain, because it is there. Earl Heyward was tried by jury in November 1974 for the offense of armed robbery. He was convicted and the […]

353 S.E.2d 29 SCULLY v. THE STATE. 43694.Supreme Court of Georgia. DECIDED FEBRUARY 24, 1987. BELL, Justice. Appellant James Garrett Scully was convicted of the crimes of murder and possession of a firearm during the commission of a Page 684 crime.[1] We affirm. The victim, William David Brinson, and the appellant were old friends. On […]

20 S.E.2d 587 SAUNDERS v. WOODWARD, judge. 14079.Supreme Court of Georgia. MAY 26, 1942. ATKINSON, Presiding Justice. On the trial of habeas-corpus proceeding instituted by the mother of a female infant against the judge of the juvenile court of Richmond County, who held the child under commitment as abandoned to it by the mother, shown […]

8 S.E.2d 54 WHITFIELD v. MADDOX, executor, et al. 12993.Supreme Court of Georgia. MARCH 15, 1940. 1. The jury returned a verdict sustaining a plea of res judicata, and a general judgment in favor of the defendant was entered. The plaintiff’s motion for new trial was overruled. He excepted, assigning error on the judgment overruling […]

695 S.E.2d 232 SIGMAN v. THE STATE. No. S10A0776.Supreme Court of Georgia. DECIDED MAY 17, 2010. CARLEY, Presiding Justice. A jury found Stacey Sigman not guilty of malice murder, but guilty of felony murder (three counts), cruelty to children, aggravated battery and aggravated assault. The trial court entered judgment of conviction and sentenced Sigman to […]

53 S.E.2d 751 ELDER, Municipal Revenue Collector, et al. v. HENRIETTA EGLESTON HOSPITAL FOR CHILDREN INC. et al. 16618.Supreme Court of Georgia. MAY 12, 1949. REHEARING DENIED JUNE 16, 1949. Pursuant to article 7, section 1, paragraph 4 of the Constitution of 1945, the General Assembly in 1946 exempted from taxation “all institutions of purely […]

506 S.E.2d 124 CARTER v. THE STATE. S98A1216.Supreme Court of Georgia. DECIDED OCTOBER 5, 1998. SEARS, Justice. Benny Carter was found guilty of murder, aggravated assault, and possessing a firearm while committing a crime.[1] Carter claims on appeal that because he was denied counsel during questioning by law enforcement officers, his convictions must be reversed. […]

218 S.E.2d 82 FOUNTAIN v. REHBERG. 30054.Supreme Court of Georgia. DECIDED JULY 2, 1975. NOTE: PURSUANT TO DIRECTION FROM THE SUPREME COURT, AN OPINION WILL NOT BE PUBLISHED IN THIS HABEAS CORPUS CASE. RULE 32 (k), SUPREME COURT RULES. The trial court did not err in remanding the appellant to custody. Judgment affirmed. All the […]

391 S.E.2d 918 BROOMALL v. THE STATE. BOOHER v. THE STATE. S90A0350. S90A0351.Supreme Court of Georgia. DECIDED MAY 31, 1990. HUNT, Justice. Nora V. Broomall and Cecil Eugene Booher were convicted of the contract killing of her husband, George Broomall, at Callanwolde Fine Arts Center where the victim, a DeKalb County maintenance man, worked. Booher […]

324 S.E.2d 183 HOUSTON v. THE STATE. 41706.Supreme Court of Georgia. DECIDED JANUARY 7, 1985. WELTNER, Justice. James Houston shot and killed Eleanor Woods with a handgun. He appeals his conviction of murder and his sentence to life imprisonment.[1] 1. Houston contends that the evidence was insufficient to find him guilty of murder beyond a […]

577 S.E.2d 555 IMERYS MARBLE CO. v. J. M. HUBER CORPORATION et al. S02A1401.Supreme Court of Georgia. Decided February 24, 2003 FLETCHER, Chief Justice. Imerys Marble Company appeals the trial court’s judgment in favor of J.M. Huber Corporation and the heirs of Benjamin Cowart regarding the ownership of certain mineral interests. Because the trial court […]

443 S.E.2d 271 CHAPEL v. THE STATE. S94A0512.Supreme Court of Georgia. DECIDED MAY 16, 1994. RECONSIDERATION DENIED JUNE 10, 1994. SEARS-COLLINS, Justice. Michael Chapel, a former Gwinnett County police officer, has been indicted for murder, felony murder, armed robbery, and possession of a firearm during the commission of a crime in connection with the death […]

102 S.E.2d 478 DAVIS v. PALMER. 19973.Supreme Court of Georgia.ARGUED JANUARY 15, 1958. DECIDED FEBRUARY 7, 1958. REHEARING MARCH 7, 1958. DUCKWORTH, Chief Justice. This is an action for trespass on land, in which the plaintiff relies on prior possession alone and prays for damages and for injunctive relief. The trial judge, at the completion […]

637 S.E.2d 645 WHITE v. THE STATE. No. S06A0978.Supreme Court of Georgia. DECIDED NOVEMBER 20, 2006. HINES, Justice. Janice White appeals her convictions for felony murder while in the commission of cruelty to a child in the second degree, aggravated assault, and cruelty to a child in the first degree, in connection with the death […]

219 S.E.2d 125 PINSON v. THE STATE. 30108.Supreme Court of Georgia.SUBMITTED JUNE 30, 1975. DECIDED SEPTEMBER 16, 1975. INGRAM, Justice. The defendant was convicted of murder and sentenced to life imprisonment in the Superior Court of Coweta County. He appeals directly to this court from the conviction and bases his appeal solely upon the general […]

233 S.E.2d 799 BYRD v. BYRD. 31832.Supreme Court of Georgia.SUBMITTED JANUARY 24, 1977. DECIDED MARCH 17, 1977. HILL, Justice. This is an appeal by the wife in a divorce case. She contends that the jury awarded a portion of her property to her husband in violation of Code Ann. § 30-201. The parties were married […]

282 S.E.2d 305 ADSITT v. THE STATE. 37750.Supreme Court of Georgia. DECIDED SEPTEMBER 29, 1981. JORDAN, Chief Justice. State and federal due process challenges to a subsection of our criminal venue statute, specifically, to Code Ann. § 26-302 (h), bring to this court Adsitt’s appeal from his convictions for possession of cocaine and aggravated assault […]

130 S.E.2d 731 DIXIE FIREWORKS COMPANY, INC. v. McARTHUR, Sheriff, et al. 21915.Supreme Court of Georgia.SUBMITTED JANUARY 15, 1963. DECIDED MARCH 25, 1963. HEAD, Presiding Justice. 1. All legal rights of the parties were fully accrued as to the property seized, and the petition does not allege any facts or circumstances requiring a determination of […]

45 S.E.2d 442 BONEY v. COUNTY BOARD OF EDUCATION OF TELFAIR COUNTY et al. 16003.Supreme Court of Georgia. NOVEMBER 10, 1947. REHEARING DENIED DECEMBER 2, 1947. 1. The County Board of Education of Telfair County is empowered by law to fix the area to be served by each public school and to locate the site […]

111 S.E.2d 223 FIDELITY CASUALTY COMPANY OF NEW YORK et al. v. SCOTT. 20573.Supreme Court of Georgia.ARGUED SEPTEMBER 16, 1959. DECIDED OCTOBER 13, 1959. REHEARING DENIED NOVEMBER 4, 1959. The judgment of the superior court, reversing the denial of compensation by the State Board of Workmen’s Compensation, was error. ARGUED SEPTEMBER 16, 1959 — DECIDED […]

263 S.E.2d 158 WISE v. BALKCOM. 35643.Supreme Court of Georgia.SUBMITTED NOVEMBER 30, 1979. DECIDED JANUARY 24, 1980. JORDAN, Justice. Appellant Gregory Wise filed an application to appeal an order of the trial court dismissing his petition for habeas corpus and remanding him to the custody of the warden. We granted the application on October 2, […]

91 S.E.2d 485 MOSS v. THOMSON COMPANY. 19188.Supreme Court of Georgia.ARGUED JANUARY 10, 1956. DECIDED FEBRUARY 14, 1956. HAWKINS, Justice. Thomson Company filed a petition for injunction against M. F. Moss, which, as amended, alleged: That it was the owner, and at all times mentioned in the petition was in possession of the following described […]

175 S.E.2d 867 WRIGHT v. SMITH, Warden. 25835.Supreme Court of Georgia.SUBMITTED JUNE 8, 1970. DECIDED JUNE 25, 1970. NICHOLS, Justice. Willie Wright filed a petition for habeas corpus in which he alleged that the grand jury which indicted him in 1943 was illegally constituted. He pleaded guilty to three indictments charging him with burglary and […]

25 S.E.2d 778 HOOPER v. ALMAND. 14520.Supreme Court of Georgia. MAY 8, 1943. 1. The constitution of the State of Georgia, by §§ 2-3101 and 2-3102 of the Code, provides that the successors of superior-court judges shall be elected at the general election next preceding the expiration of their respective four-year terms. An election held […]

418 S.E.2d 43 IN THE MATTER OF CLIFFORD B. GOAD, JR. SUPREME COURT DISCIPLINARY NO. 929.Supreme Court of Georgia. DECIDED JULY 15, 1992. PER CURIAM. The State Bar of Georgia brought disciplinary proceedings against Clifford B. Goad, Jr., charging him with the following violations of State Bar Rule 4-102: Standards 4 (engaging in professional conduct […]

479 S.E.2d 739 DIX v. THE STATE. S96A1365.Supreme Court of Georgia. DECIDED JANUARY 21, 1997. FLETCHER, Presiding Justice. A jury convicted Dennis Dix of the malice murder of his former wife, Virginia Ann Pannell, and possession of a firearm by a convicted felon and during the commission of a crime.[1] At trial, Pannell’s divorce attorney […]

234 S.E.2d 506 BROWN v. THE STATE. 31754.Supreme Court of Georgia.SUBMITTED JANUARY 10, 1977. DECIDED APRIL 6, 1977. PER CURIAM. This appeal is from a conviction for murder and a life sentence. Appellant and the victim, both of whom had been drinking, were engaged in a knife fight that resulted in the victim being stabbed […]

163 S.E.2d 885 MARTIN et al. v. APPROVED BANCREDIT CORPORATION et al. HOLCOMB et al. v. APPROVED BANCREDIT CORPORATION et al. 24732, 24733.Supreme Court of Georgia.SUBMITTED JULY 8, 1968. DECIDED SEPTEMBER 23, 1968. The Superior Court of Hall County did not have jurisdiction of the defendant corporations in the present cases and it was not […]

361 S.E.2d 817 RICHARDS v. DOUGLAS COUNTY. 44953.Supreme Court of Georgia. DECIDED NOVEMBER 19, 1987. MARSHALL, Chief Justice. The appellant-plaintiff, James W. Richards, filed the present complaint against the appellee-defendant, the Douglas County Board of Commissioners. In the complaint, the appellant has requested that, through issuance of a writ of mandamus, the trial court overturn […]