Category: Georgia Supreme Court Opinions

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 […]

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 […]

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 […]

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 […]

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, […]

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 […]

264 S.E.2d 174 HOUSING AUTHORITY OF THE CITY OF ATLANTA v. SOUTHERN RAILWAY COMPANY et al. 35138.Supreme Court of Georgia.ARGUED SEPTEMBER 10, 1979. DECIDED JANUARY 24, 1980. REHEARING DENIED FEBRUARY 19, 1980. JORDAN, Justice. We granted certiorari to review the Court of Appeals’ decision allowing the condemnee Southern Railway to recover lost profits and attorney […]

266 S.E.2d 193 CITY OF ATLANTA v. McCARY. 36061.Supreme Court of Georgia.SUBMITTED MARCH 21, 1980. DECIDED APRIL 8, 1980. UNDERCOFLER, Chief Justice. McCary was convicted of “idling and loitering for the purposes of prostitution” contrary to the City of Atlanta Code § 17-2004. The Superior Court of Fulton County, on certiorari, reversed, holding (1) that […]

47 S.E.2d 275 BRUNSWICK PENINSULAR CORPORATION v. DAUGHARTY. 16085.Supreme Court of Georgia. MARCH 19, 1948. 1. This court will never pass upon the constitutionality of an act of the General Assembly unless it clearly appears in the record that the point was directly and properly made in the court below and distinctly passed on by […]

247 S.E.2d 746 LANCASTER et al. v. ALLEN et al. 33612.Supreme Court of Georgia.SUBMITTED MAY 19, 1978. DECIDED SEPTEMBER 5, 1978. BOWLES, Justice. W. Carswell Rahn was the owner of 5.18 acres of land in Effingham County, Georgia, which was zoned A-R 1, restricted agricultural-residential use. Application was made to the planning board of that […]

36 S.E.2d 773 PARKE, DAVIS AND COMPANY v. CITY OF ATLANTA et al. 15354.Supreme Court of Georgia. JANUARY 17, 1946. 1. Where a foreign corporation kept a stock of goods in a warehouse in the City of Atlanta, Georgia, orders were received and approved outside the State, which were filled by delivering goods from the […]

597 S.E.2d 386 ROBINSON v. THE STATE. S04A0504.Supreme Court of Georgia. DECIDED JUNE 7, 2004. HINES, Justice. Michael Robinson appeals his convictions for malice murder, armed robbery, and possession of a firearm during the commission of a crime in connection with the fatal shooting of convenience store owner, Michael Lane. Robinson contends that certain testimony […]

252 S.E.2d 436 SPAIN v. THE STATE (two cases). 34201, 34202.Supreme Court of Georgia.SUBMITTED NOVEMBER 14, 1978. DECIDED JANUARY 23, 1979. MARSHALL, Justice. The appellant, James Spain, Jr., and Johnny William Foster were indicted for the murder of Willie Little. They were tried separately, but he was convicted and sentenced to life imprisonment. Following the […]

84 S.E.2d 86 TURNER v. TYSON. 18680.Supreme Court of Georgia.SUBMITTED SEPTEMBER 13, 1954. DECIDED OCTOBER 11, 1954. It was not error to overrule a general demurrer in this case. SUBMITTED SEPTEMBER 13, 1954 — DECIDED OCTOBER 11, 1954. Petition for injunction. Before Judge Atkinson. Chatham Superior Court. March 29, 1954. William V. Tyson, Jr., filed […]

198 S.E.2d 283 BECK v. GLAZE et al. 27856.Supreme Court of Georgia.SUBMITTED APRIL 10, 1973. DECIDED MAY 10, 1973. MOBLEY, Chief Justice. Burl O. Beck brought an action for damages and injunction against Herman Glaze and Buddy Coker, alleging that they are operating a landfill business on property adjacent to the plaintiff’s land, and that […]

259 S.E.2d 635 GREER v. GREER. 35223.Supreme Court of Georgia.SUBMITTED AUGUST 30, 1979. DECIDED SEPTEMBER 26, 1979. REHEARING DENIED OCTOBER 16, 1979. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur. SUBMITTED AUGUST 30, 1979 — DECIDED SEPTEMBER 26, 1979 — REHEARING DENIED OCTOBER 16, 1979. Modification of alimony. Dougherty Superior Court. […]

22 S.E.2d 74 O’REAR et al. v. LAMB; et vice versa. 14254, 14255.Supreme Court of Georgia. SEPTEMBER 15, 1942. 1. Though the portion of a petition seeking the equitable relief of specific performance of a contract set out therein is stricken on demurrer, and the case proceeds to trial only on the portion of the […]

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 […]