Category: Georgia Supreme Court Opinions

145 S.E.2d 246 CLEMENTS et al. v. ELDER. 23117.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1965. DECIDED OCTOBER 7, 1965. PER CURIAM. 1. The petition alleging that plaintiffs are owners of fifty acres of described land, that defendant has gone upon the land and taken possession of it without plaintiff’s permission, has plowed the land, cut […]

162 S.E.2d 435 CONSOLIDATED CREDIT CORPORATION OF DALTON et al. v. SHORT. 24659.Supreme Court of Georgia.SUBMITTED MAY 14, 1968. DECIDED MAY 23, 1968. DUCKWORTH, Chief Justice. This case was transferred to this court by the Court of Appeals because the complaint was allegedly seeking equitable relief which is within the exclusive jurisdiction of the Supreme […]

216 S.E.2d 859 THOMAS v. THE STATE. 30013.Supreme Court of Georgia.ARGUED JUNE 11, 1975. DECIDED JUNE 17, 1975. HILL, Justice. The Court of Appeals (in Case No. 50142) certified the following question: “1. Defendant was tried and convicted for a criminal offense. He made no statement and gave no testimony. The trial judge commented on […]

273 S.E.2d 406 McLAUGHLIN LUMBER COMPANY, INC. v. COHEN et al. 36706.Supreme Court of Georgia.ARGUED OCTOBER 14, 1980. DECIDED OCTOBER 29, 1980. JORDAN, Presiding Justice. On July 7, 1976, McLaughlin Lumber Company, Inc. filed a complaint against Mary A. K. Peek, Fain Peek, and Darryl B. Cohen which alleged, in Count Two, that the three […]

131 S.E.2d 551 BALKCOM, Warden v. JACKSON. 22044.Supreme Court of Georgia.ARGUED MAY 14, 1963. DECIDED MAY 29, 1963. Under the Act of February 5, 1943, as amended, Code Ann. Ch. 77-5, creating the State Board of Pardons and Paroles, a parole can be revoked only by an order of the board. Thus, where a prisoner, […]

197 S.E.2d 129 INDEPENDENT BANKERS ASSOCIATION OF GEORGIA, INC. v. DUNN et al. 27611.Supreme Court of Georgia.ARGUED DECEMBER 12, 1972. DECIDED MARCH 5, 1973. REHEARING DENIED MARCH 26 AND MARCH 30, 1973. UNDERCOFLER, Justice. This suit seeks to compel the Superintendent of Banks of the State of Georgia (now Commissioner of Banking and Finance (Ga. […]

378 S.E.2d 115 IN THE MATTER OF: INQUIRY CONCERNING A JUDGE NO. 1228. 46883.Supreme Court of Georgia. DECIDED APRIL 6, 1989. PER CURIAM. A complaint was filed against Judge Robert J. Noland with the Judicial Qualifications Commission charging him with violation of the Georgia Code of Judicial Conduct Canons 2 and 3. The complaint arose […]

366 S.E.2d 282 CLEARY v. THE STATE. SIDWELL v. THE STATE. 45395, 45396.Supreme Court of Georgia. DECIDED APRIL 7, 1988. RECONSIDERATION DENIED APRIL 27, 1988. CLARKE, Presiding Justice. In these companion cases which contain identical issues we are called upon to construe OCGA §§ 17-7-170; 17-7-171, which concern the demand for trial by a criminal […]

416 S.E.2d 285 GADD v. WILSON COMPANY, ENGINEERS ARCHITECTS. S92A0501.Supreme Court of Georgia. DECIDED MAY 21, 1992. BELL, Justice. In this case appellee moved to dismiss appellant’s complaint on the ground that appellant had not complied with OCGA §9-11-9.1. We reverse the trial court’s grant of the motion. Subsection (a) of § 9-11-9.1 provides that […]

114 S.E.2d 6 HOOKS v. THE STATE. 20837.Supreme Court of Georgia.SUBMITTED MARCH 15, 1960. DECIDED APRIL 12, 1960. MOBLEY, Justice. This is a companion case to that of Coleman v. State ante. The defendant and Coleman were jointly indicted for the rape of Mildred Dawson, were tried together, found guilty, and each was sentenced to […]

327 S.E.2d 475 WALKER v. THE STATE. 41246.Supreme Court of Georgia. DECIDED MARCH 14, 1985. REHEARING DENIED MARCH 28, 1985. SMITH, Justice. This is a death penalty case. Richard Walker was convicted in Page 150 Washington County of murder, burglary, and first degree arson. He was sentenced to death for the murder. The case is […]

216 S.E.2d 824 GIBSON v. GIBSON. 29873.Supreme Court of Georgia.SUBMITTED MAY 12, 1975. DECIDED JUNE 2, 1975. UNDERCOFLER, Presiding Justice. Margaret Thompson Gibson filed a complaint for divorce against Wallace Miller Gibson on November 12, 1974. She prayed for a divorce, alimony, custody of their child, and child support. The petition was served by the […]

244 S.E.2d 812 CURL v. FEDERAL SAVINGS LOAN ASSOCIATION OF GAINESVILLE et al. 33276.Supreme Court of Georgia.ARGUED FEBRUARY 14, 1978. DECIDED MARCH 8, 1978. HALL, Justice. Appellant is seeking to set aside the foreclosure sale of her house, which resulted in the loss of her substantial equity in the property. The trial court granted summary […]

313 S.E.2d 683 FIUMEFREDDO v. SCUDDER et al. 40344.Supreme Court of Georgia. DECIDED MARCH 14, 1984. BELL, Justice. The controlling issue in this appeal is whether the trial court properly granted summary judgment to the appellees based on the Simultaneous Death Act (the Act). OCGA § 53-11-1 et seq. (Code Ann. § 113-2901 et seq.). […]

577 S.E.2d 777 HOLMES v. TRAWEEK. S02A1665.Supreme Court of Georgia. Decided March 10, 2003 HINES, Justice. This Court granted an application for interlocutory review to determine whether there is a conflict between OCGA § 19-7-22(a)’s provision that a father seeking to legitimate a child may file a petition to do so in “the superior court […]

282 S.E.2d 641 CHAMBLISS v. CAMP et al. 37604.Supreme Court of Georgia. DECIDED SEPTEMBER 9, 1981. The judgment of the trial court is affirmed without opinion pursuant to Rule 59. Jordan, C. J., Hill, P. J., Marshall, Clarke, Smith and Gregory, JJ., concur. DECIDED SEPTEMBER 9, 1981. Mandamus. Fulton Superior Court. Before Judge Williams. Kenneth […]

443 S.E.2d 474 VANSANT v. THE STATE. S93G1407.Supreme Court of Georgia. DECIDED MAY 31, 1994. RECONSIDERATION DENIED JULY 1, 1994. BENHAM, Presiding Justice. Petitioner Vansant was charged with one count of driving under the influence of alcohol. His motion to suppress all evidence obtained subsequent to the stop of his vehicle was granted orally by […]

657 S.E.2d 193 VOYLES v. McKINNEY et al. No. S07A1810.Supreme Court of Georgia. DECIDED JANUARY 8, 2008. RECONSIDERATION DENIED FEBRUARY 25, 2008. MELTON, Justice. Joe Voyles was cited for certain city code violations in connection with the construction of a retaining wall on a lake located in the City of Berkeley Lake (“City”). Berkeley Lake […]

221 S.E.2d 432 GOODIN v. RAMSEY et al. 30505.Supreme Court of Georgia.ARGUED NOVEMBER 17, 1975. DECIDED DECEMBER 2, 1975. UNDERCOFLER, Presiding Justice. This is a mandamus action to compel the DeKalb County Board of Education to issue Goodin a contract of employment and reinstate him as an instructor at DeKalb Community College. Goodin claims tenure […]

390 S.E.2d 850 POTTER et al. v. HICKS et al. S90A0290.Supreme Court of Georgia. DECIDED MAY 4, 1990. WELTNER, Justice. 1. The occupants of real property contend that the owners of the property placed them in possession under an agreement whereby the owners would deed the property to them upon the assumption by the occupants […]

222 S.E.2d 382 WORD v. WORD. 30538.Supreme Court of Georgia.SUBMITTED NOVEMBER 25, 1975. DECIDED JANUARY 27, 1976. JORDAN, Justice. Appellant, Sarah E. Word, a resident of the State of Alabama, filed a petition for contempt on July 8, 1975, in Carroll County Superior Court against her former husband for violation of certain visitation rights of […]

154 S.E.2d 443 ABRAMS v. THE STATE. 23923.Supreme Court of Georgia.ARGUED FEBRUARY 13, 1967. DECIDED MARCH 9, 1967. REHEARING DENIED MARCH 23, 1967. 1. The admission in evidence of incriminating statements made by the defendant was not error. 2. The admission in evidence of certain articles taken from the defendant’s automobile and pictures of blood […]

678 S.E.2d 897 BULLARD v. THOMAS. No. S09A0069.Supreme Court of Georgia. DECIDED JUNE 15, 2009. HINES, Justice. This Court granted Michael T. Bullard’s application for a certificate of probable cause to appeal the denial of habeas corpus relief. For the reasons that follow, we affirm the decision of the habeas court. 1. Bullard was indicted […]

168 S.E.2d 141 MAR-PAK MICHIGAN, INC. v. POINTER. 25165.Supreme Court of Georgia.ARGUED APRIL 16, 1969. DECIDED MAY 8, 1969. REHEARING DENIED MAY 22, 1969. 1. Creditors without a lien may not, as a general rule, enjoin their debtors from disposing of their property, or obtain a receiver to hold the property. 2. The grant of […]

277 S.E.2d 663 DAY REALTY ASSOCIATES, INC. v. McMILLAN. 37142.Supreme Court of Georgia. DECIDED MAY 6, 1981. UNDERCOFLER, Justice. We granted cert. in this case to answer the question: “Is a jury question presented in an action for malicious prosecution where the defendant obtains an arrest warrant for theft by taking of several items and […]

183 S.E.2d 375 BROWN v. SMITH. 26557.Supreme Court of Georgia.SUBMITTED JUNE 14, 1971. DECIDED JULY 9, 1971. MOBLEY, Presiding Justice. Charles Stewart Brown appealed from the denial of relief on his application for habeas corpus, based on the ground that the counsel representing him on his trial for murder, wherein he was given a sentence […]

175 S.E.2d 506 COOK COMPANY v. CROSS et al. 25818.Supreme Court of Georgia.ARGUED MAY 12, 1970. DECIDED JUNE 9, 1970. FELTON, Justice. 1. Where the plaintiff resident of Jeff Davis County brought an action in Coffee Superior Court against the defendant Coffee County resident for damages for and injunction against trespass on certain described lands […]

227 S.E.2d 346 REAMS v. COMPOSITE STATE BOARD OF MEDICAL EXAMINERS. 31087.Supreme Court of Georgia.ARGUED MAY 10, 1976. DECIDED JULY 9, 1976. HILL, Justice. This is the second appearance of defendant Reams before this court. In the original action, the Composite State Board of Medical Examiners filed suit against Reams and the Blue Ridge Health […]

553 S.E.2d 598 TAYLOR v. THE STATE S01A0930.Supreme Court of Georgia. DECIDED: OCTOBER 1, 2001 FLETCHER, Chief Justice. In accordance with the Unified Appeal Procedure, we granted Robin Leigh Taylor’s application for interim review before her death penalty case proceeds to trial. We requested that the parties address the following matters: (1) whether Taylor’s references […]

152 S.E.2d 845 FULFORD v. THE STATE. 23822.Supreme Court of Georgia.SUBMITTED DECEMBER 14, 1966. DECIDED JANUARY 5, 1967. MOBLEY, Justice. The appellant, John C. Fulford, was convicted in Fulton Superior Court of robbery by use of an offensive weapon and sentenced to 10 years in prison. His motion for new trial was denied by the […]

95 S.E.2d 282 CONSTRUCTION GENERAL LABORERS UNION, LOCAL NO. 246, et al. v. JORDAN COMPANY, INC. 19484.Supreme Court of Georgia.ARGUED OCTOBER 8, 1956. DECIDED NOVEMBER 13, 1956. HAWKINS, Justice. This case is controlled by the ruling this day made in Construction General Laborers Union, Local 246 v. Williams Construction Co., ante. Writ of error dismissed. […]

343 S.E.2d 485 HARTRAMPF v. GEORGIA REAL ESTATE COMMISSION. ALEXANDER v. GEORGIA REAL ESTATE COMMISSION et al. 43193, 43229.Supreme Court of Georgia. DECIDED MAY 29, 1986. WELTNER, Justice. Potential buyers signed a contract to purchase a house, which was listed with agent Alexander. The buyers had their own real estate agent, who would share the […]

636 S.E.2d 513 DURHAM v. THE STATE. S06A1020Supreme Court of Georgia. DECIDED: OCTOBER 16, 2006 HUNSTEIN, Presiding Justice. Maisha Mahalia Durham was convicted of felony murder, aggravated assault and possession of a firearm during the commission of a felony, all arising out of the shooting death of her husband, Derrick Mathis. She was sentenced to […]

297 S.E.2d 26 CAMP v. THE STATE. 38979.Supreme Court of Georgia. DECIDED NOVEMBER 16, 1982. CLARKE, Justice. Camp was tried and convicted for the murder of Bonnie Camp Carter, his sister. He was sentenced to life in prison and appeals. The sole issue at the trial was whether Camp was sane at the time he […]

89 S.E.2d 162 BAITY v. GILL et al. 19025.Supreme Court of Georgia.SUBMITTED JULY 12, 1955. DECIDED SEPTEMBER 13, 1955. DUCKWORTH, Chief Justice. 1. In equitable proceedings either party may be compelled to discover facts within his knowledge, beneficial to the other party and material to his case, either upon a petition for discovery and relief, […]

441 S.E.2d 748 RHODES v. THE STATE. S94A0581.Supreme Court of Georgia. DECIDED APRIL 18, 1994. CARLEY, Justice. Appellant was tried before a jury and found guilty of malice murder and possession of a firearm during the commission of a crime. He was given a life sentence on the murder count and a consecutive five-year sentence […]

638 S.E.2d 299 BURNS v. THE STATE. No. S05G2040.Supreme Court of Georgia. DECIDED NOVEMBER 30, 2006. HUNSTEIN, Presiding Justice. After appellant and Stanley Griffin were indicted together for burglary and other crimes, separate attorneys with the DeKalb County Public Defender’s Office (“PDO”) were assigned to represent each man. No apparent conflict of interest was found […]

242 S.E.2d 41 EUBANKS et al. v. THE STATE. 33015.Supreme Court of Georgia.SUBMITTED NOVEMBER 28, 1977. DECIDED JANUARY 19, 1978. BOWLES, Justice. The appellants, Denorris Eubanks and Johnny Heard, were jointly indicted by the Fulton County Grand Jury and charged with the offense of murder. Co-indictees Willie Taylor and Benjamin Brown were not tried with […]

205 S.E.2d 295 STEPHENS v. STEPHENS. 28734.Supreme Court of Georgia.ARGUED MARCH 11, 1974. DECIDED APRIL 4, 1974. GUNTER, Justice. This is an appeal from a divorce, alimony, and child custody judgment. The case was heard by the trial judge without the intervention of a jury, but the evidence presented was not reported. The judgment awarded […]

702 S.E.2d 139 ANTHONY et al. v. GATOR COCHRAN CONSTRUCTION, INC. No.S09G1912.Supreme Court of Georgia. DECIDED NOVEMBER 1, 2010. HINES, Justice. This Court granted a writ of certiorari to the Court of Appeals i Anthony v. Gator Cochran Constr. Co., 299 Ga. App. 126 (682 SE2d 140) (2009), to address whether that Court properly applied […]

17 S.E.2d 547 NORTHWEST ATLANTA BANK v. MANNING. 13923.Supreme Court of Georgia. NOVEMBER 13, 1941. 1. The plaintiff in error, one of several defendants in the trial court, having filed a separate demurrer to the petition as amended, may sue out a bill of exceptions assigning error on the refusal to sustain said demurrer, without […]

199 S.E.2d 784 McLENNAN v. CLARKE et al. 27922.Supreme Court of Georgia.ARGUED MAY 15, 1973. DECIDED SEPTEMBER 6, 1973. GUNTER, Justice. This appeal relates to the validity or invalidity of a zoning ordinance of the City of Atlanta. The appellees brought an action in the trial court against the city, its building inspector, and the […]

164 S.E.2d 118 ELDER v. THE STATE. 24828.Supreme Court of Georgia.ARGUED SEPTEMBER 12, 1968. DECIDED OCTOBER 10, 1968. REHEARING DENIED NOVEMBER 7, 1968. NICHOLS, Justice. Ben Elder was convicted of the murder of Anne Cain. A life sentence was imposed in accordance with the jury’s recommendation of mercy. The appeal is from such verdict and […]

259 S.E.2d 478 DUVALL v. BAKER. 35193.Supreme Court of Georgia.SUBMITTED JULY 27, 1979. DECIDED SEPTEMBER 10, 1979. NICHOLS, Chief Justice. The former wife filed a citation for contempt against the former husband for nonpayment of child support allegedly due pursuant to their final judgment and decree of divorce. He answered and filed a counterclaim denying […]

394 S.E.2d 353 THE STATE v. BARBER. S90G0272.Supreme Court of Georgia. DECIDED JUNE 22, 1990. ORDER OF COURT. After plenary consideration of this matter, it is found not to satisfy the criteria for the grant of certiorari, and the writ is therefore vacated. All the Justices concur. WELTNER, Justice, concurring. I concur in vacating the […]

245 S.E.2d 304 BUSBEE et al. v. GILLIS et al. 33528.Supreme Court of Georgia.ARGUED MAY 8, 1978. DECIDED MAY 23, 1978. UNDERCOFLER, Presiding Justice. The members of the Board of Commissioners of the Peace Officers’ Annuity Benefit Fund of Georgia sought mandamus against the members of the Board of Commissioners of Treutlen County and its […]

354 S.E.2d 133 MORRIS v. STILLWELL. 43931.Supreme Court of Georgia. DECIDED APRIL 8, 1987. CLARKE, Presiding Justice. Morris brought this action for specific performance to enforce a real estate contract he entered into with John Stillwell in 1983. John Stillwell was the executor and life tenant under the will of his deceased wife, Johnnie Stillwell, […]

221 S.E.2d 28 EDWARDS v. THE STATE. 30299.Supreme Court of Georgia.SUBMITTED SEPTEMBER 8, 1975. DECIDED NOVEMBER 24, 1975. JORDAN, Justice. Appellant, Catherine Edwards, appeals from her conviction of murder and life sentence. 1. At trial a witness for the state testified that he witnessed the shooting, that appellant and her husband were quarrelling while standing […]

224 S.E.2d 377 BLEASE v. BLEASE. 30721.Supreme Court of Georgia.ARGUED JANUARY 13, 1976. DECIDED MARCH 11, 1976. REHEARING DENIED MARCH 25 AND APRIL 2, 1976. HILL, Justice. The trial court entered a permanent injunction against appellant on July 3, 1975. On September 29, 1975, appellee filed application for contempt against appellant. After responsive pleadings were […]

50 S.E.2d 108 GAINESVILLE MIDLAND RAILROAD COMPANY v. TYNER et al. 16351.Supreme Court of Georgia. OCTOBER 11, 1948. REHEARING DENIED NOVEMBER 18, 1948. 1. Equity will enjoin a continuous trespass. 2. The test as to the sufficiency of the description of property contained in a deed is whether or not it discloses with sufficient certainty […]

91 S.E.2d 35 MAGUIRE v. IVEY. 19150.Supreme Court of Georgia.ARGUED NOVEMBER 14, 1955. DECIDED JANUARY 10, 1956. The allegations of the present petition seeking cancellation of a deed that was executed under the provisions of a power of sale contained in a security deed, failed to allege mutual departure from the terms of the contract […]

30 S.E.2d 108 MARTOCELLO v. MARTOCELLO. 14811.Supreme Court of Georgia. APRIL 4, 1944. REHEARING DENIED MAY 5, 1944. 1. “A petition in equity by a husband seeking to cancel two concurrent verdicts and a decree obtained in the same court in a former divorce suit by the wife against her former husband, and to have […]

25 S.E.2d 502 GREEN v. THE STATE. 14458.Supreme Court of Georgia. APRIL 15, 1943. BELL, Presiding Justice. 1. “An essential element of voluntary manslaughter is passion on the part of the slayer.” Rentfrow v. State, 123 Ga. 539 (2) (51 S.E. 596); Frazier v. State, 194 Ga. 657 (2) (22 S.E.2d 404); Deal v. State, […]

383 S.E.2d 877 ALEXANDER v. THE STATE. S89A0009.Supreme Court of Georgia. DECIDED SEPTEMBER 28, 1989. WELTNER, Justice. Joe Alexander, Jr. shot and killed Jeffrey Clowers with a handgun. He was indicted for malice murder, found guilty of felony murder by a jury, and sentenced to life imprisonment.[1] Alexander, Clowers, and Bertha Alexander lived together. Early […]

114 S.E.2d 871 GARTRELL v. McGAHEE et al. 20893.Supreme Court of Georgia.ARGUED MAY 9, 1960. DECIDED JUNE 9, 1960. CANDLER, Justice. An act approved February 4, 1952 (Ga. L. 1952, p. 15), provides for financial assistance to persons residing in this State who meet certain prescribed eligibility requirements, including a medically demonstrable disability which is […]

149 S.E.2d 138 WHITUS v. THE STATE. 23413.Supreme Court of Georgia.SUBMITTED APRIL 11, 1966. DECIDED APRIL 12, 1966. DUCKWORTH, Chief Justice. Various aspects of this case have been in the State and Federal courts in Whitus v. State, 216 Ga. 284 (116 S.E.2d 205); Whitus v. State, 112 Ga. App. 328 (145 S.E.2d 83); and […]

238 S.E.2d 691 BUSSEY v. THE STATE. 32458.Supreme Court of Georgia.SUBMITTED JUNE 24, 1977. DECIDED SEPTEMBER 7, 1977. PER CURIAM. Appellant Bussey appeals from his convictions and sentences for murder (life) and aggravated assault (ten years). The evidence supported the verdict. We have carefully reviewed the four enumerations of error relating to the charges given […]

388 S.E.2d 694 HATCHETT v. THE STATE. S90A0302.Supreme Court of Georgia. DECIDED MARCH 1, 1990. CLARKE, Chief Justice. Henry Lee Hatchett, Jr. was convicted of the malice murder of Diane Hatchett, his former wife, and sentenced to life imprisonment.[1] The evidence at trial showed that several months following their divorce the Hatchetts attempted a reconciliation, […]

131 S.E.2d 623 ISLEY v. LITTLE et al. 22000.Supreme Court of Georgia.ARGUED APRIL 8, 1963. DECIDED MAY 9, 1963. REHEARING DENIED MAY 29, 1963. The order of the trial judge overruling the special demurrers to the petition is affirmed in part, as shown in Division 2 of the opinion, and reversed in part, as shown […]

43 S.E.2d 663 McCOLLUM v. McCOLLUM. 15805.Supreme Court of Georgia. MAY 16, 1947. REHEARING DENIED JUNE 13, 1947. 1. An implied trust results from the fact that one person’s money has been invested in land and the conveyance taken in the name of another. It is a mere creature of equity. (a) An implied trust […]

25 S.E.2d 712 WADE v. THE STATE. 14497.Supreme Court of Georgia. MAY 8, 1943. The defendant was convicted of arson in the capital form, and his assignments of error are on the general grounds only. The evidence supported the verdict, and the judge did not err in refusing to grant a new trial. No. 14497. […]

216 S.E.2d 95 LENEAR v. HOPPER. 29638.Supreme Court of Georgia.SUBMITTED FEBRUARY 3, 1975. DECIDED MAY 6, 1975. GUNTER, Justice. This is an appeal from judgment that remanded appellant to custody in a pro se habeas corpus case. On March 27, 1972, appellant was sentenced to five years in prison for possession of narcotics after pleading […]

230 S.E.2d 313 GREEN v. GREEN. 31502.Supreme Court of Georgia.SUBMITTED SEPTEMBER 3, 1976. DECIDED OCTOBER 26, 1976. PER CURIAM. The husband enumerates three errors in the order of the Barrow Superior Court awarding the wife temporary alimony. We have reviewed the enumerations and the evidence before the trial court and find no reversible error. Judgment […]

462 S.E.2d 613 ATLANTA-EAST, INC. v. TATE MOUNTAIN ASSOCIATES, INC. S95A0848.Supreme Court of Georgia. DECIDED OCTOBER 16, 1995. FLETCHER, Presiding Justice. In this private way condemnation action under OCGA §44-9-40, the trial court granted summary judgment to Tate Mountain, finding that Atlanta-East had other reasonable means of access to its property and, therefore, no necessity […]

133 S.E.2d 888 MAYOR COUNCIL OF CITY OF ATHENS et al. v. MU BETA OF CHI OMEGA HOUSE CORPORATION et al. 22216.Supreme Court of Georgia.ARGUED OCTOBER 14, 1963. DECIDED NOVEMBER 7, 1963. Construing the petition most favorably to the petitioners, it alleges mere apprehension of future injury to property rights which will not authorize injunctive […]

344 S.E.2d 212 IN THE MATTER OF ROBERT A. MEIER. SUPREME COURT DISCIPLINARY NO. 333.Supreme Court of Georgia. DECIDED MAY 30, 1986. RECONSIDERATION DENIED JUNE 24, 1986. PER CURIAM. Robert A. Meier was retained in 1982 by Mrs. Willa Dean Raybon to represent her son Dennis Batts on criminal charges. Mrs. Raybon paid Mr. Meier […]

58 S.E.2d 840 WILLIAMS v. THE STATE. 17032.Supreme Court of Georgia. APRIL 10, 1950. CANDLER, Justice. Thurman Williams and James Dunn were jointly indicted in the Superior Court of Bulloch County for rape. On a separate trial, Williams was convicted of the offense charged, without a recommendation, and sentenced to death by electrocution. His conviction […]

312 S.E.2d 300 JONES v. FRANCIS. 40383.Supreme Court of Georgia. DECIDED JANUARY 31, 1984. MARSHALL, Presiding Justice. The appellant, Brandon Astor Jones, a/k/a Wilbur May, and one Van Roosevelt Solomon, were found guilty of having tortured and murdered Roger Tackett, during the course of their armed robbery of a convenience store in Cobb County. Tackett […]

577 S.E.2d 591 McMILLAN v. THE STATE. S02A1751.Supreme Court of Georgia. Decided February 24, 2003 FLETCHER, Chief Justice. A jury convicted Jackie McMillan of felony murder in the beating death of Morris Paulk.[1] McMillan appeals, contending the trial court erred in not charging the jury on mutual combat and voluntary manslaughter. Because McMillan specifically requested […]

692 S.E.2d 325 SHARP v. THE STATE. No. S09A2025.Supreme Court of Georgia. DECIDED MARCH 22, 2010. NAHMIAS, Justice. Jeffrey Sharp appeals from his convictions for numerous crimes, including malice murder, arising from the death of Jessica Shultz.[1] Finding no merit to the many contentions Sharp raises, we affirm. 1. Shortly after midnight on August 19, […]

99 S.E.2d 881 ADAMS v. PERRY et al.; and vice versa. 19778, 19779.Supreme Court of Georgia.SUBMITTED JULY 22, 1957. DECIDED SEPTEMBER 6, 1957. 1. A judgment denying a plaintiff’s motion to dismiss the petition can not be reviewed as a ground of a motion for new trial. It must be excepted to directly. 2. The […]

647 S.E.2d 10 HALEY v. HALEY. No. S07A0241.Supreme Court of Georgia. Decided June 25, 2007. SEARS, Chief Justice. In this child support modification action, the parties entered into a settlement agreement in which the appellant, Mr. Haley, agreed to increase his child support payments from $750 per month per child for two children to $2,700 […]

559 S.E.2d 72 JACK E. ALDERMAN v. FREDRICK J. HEAD, WARDEN. Case No. S00R0971.Supreme Court of Georgia. January 10, 2002. ORDER OF THE COURT Upon consideration of the Application for Certificate of Probable Cause to appeal the denial of habeas corpus, it is ordered that it be hereby denied. All the Justices concur, except CARLEY, […]

454 S.E.2d 481 GRANT v. GAINES. S95A0302.Supreme Court of Georgia. DECIDED MARCH 13, 1995. CARLEY, Justice. In this mandamus action, Judge Joseph J. Gaines is the trial judge who presided over a jury trial which resulted in a verdict awarding Grant monetary damages in a principal amount. Although Grant requested that the judgment include an […]

345 S.E.2d 329 BRANTLEY v. THE STATE. 43409.Supreme Court of Georgia. DECIDED JULY 2, 1986. GREGORY, Justice. Noah Brantley was convicted of murder by a jury and sentenced to life imprisonment.[1] We affirm. Based on the evidence presented at trial, the jury could have found that Brantley was among a group of men gathered a […]

227 S.E.2d 43 HARDIN v. HOPPER. 31061.Supreme Court of Georgia.ARGUED MAY 10, 1976. DECIDED JUNE 24, 1976. PER CURIAM. Gary Hardin was convicted in the Superior Court of Bartow County for four offenses of receiving stolen property and was sentenced by the jury to four years imprisonment on each indictment, such sentences to be served […]

177 S.E.2d 681 NANCE v. THE STATE. 26052.Supreme Court of Georgia.SUBMITTED SEPTEMBER 16, 1970. DECIDED OCTOBER 8, 1970. UNDERCOFLER, Justice. On March 18, 1968, the appellant was indicted in the United States District Court for the Western District of North Carolina for the offenses of conspiracy to transport stolen property across state lines and transporting […]

99 S.E.2d 118 MOSLEY v. LANIER, SOLICITOR-GENERAL. 19724.Supreme Court of Georgia.SUBMITTED MAY 15, 1957. DECIDED JUNE 10, 1957. REHEARING DENIED JULY 3, 1957. HAWKINS, Justice. The Solicitor-General of Toombs Superior Court filed a petition against M. D. Mosley, seeking to enjoin, as an alleged public nuisance, the operation of a place of business, licensed by […]

202 S.E.2d 458 PERRY v. CALDWELL. 28129.Supreme Court of Georgia. DECIDED OCTOBER 4, 1973. NOTE: PURSUANT TO DIRECTION FROM THE SUPREME COURT OPINIONS 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 Justices […]

48 S.E.2d 107 EHRLICH v. MILLS et al. 16167.Supreme Court of Georgia. MAY 13, 1948. BELL, Justice. The plaintiff sued for injunction to restrain the defendants from trespassing upon a described tract of land claimed by the plaintiff. The answer of the defendants and the evidence introduced by both sides on the trial showed that […]

240 S.E.2d 56 WATSON v. STYNCHCOMBE. 32929.Supreme Court of Georgia.SUBMITTED OCTOBER 28, 1977. DECIDED NOVEMBER 8, 1977. UNDERCOFLER, Presiding Justice. Earl Gene Watson contested his extradition to Florida by habeas corpus petition claiming that the documents supporting the request from Florida were incomplete. Code Ann. § 44-404. The habeas court found that the documents were […]

96 S.E.2d 598 WHITE v. NOLAND, Solicitor-General. 19577.Supreme Court of Georgia.SUBMITTED JANUARY 14, 1957. DECIDED FEBRUARY 11, 1957. HEAD, Justice. The bill of exceptions recites that the cause is brought to this court because it “involves a constitutional question.” If any decision is required on a constitutional question, as alleged, it would involve only the […]

151 S.E.2d 127 STEVENS v. THE STATE. 23698.Supreme Court of Georgia.SUBMITTED SEPTEMBER 14, 1966. DECIDED OCTOBER 10, 1966. 1. Admission of the appellant’s incriminatory statement was not error. 2. Refusal to direct a verdict of not guilty was not error. 3. There was corroboration of the victim’s testimony that she had been raped. 4. The […]

266 S.E.2d 477 BAKER v. THE STATE. 35800.Supreme Court of Georgia.ARGUED JANUARY 22, 1980. DECIDED APRIL 22, 1980. NICHOLS, Justice. Lilton Baker appeals his convictions of murder, aggravated battery, two counts of incest and simple battery. He was sentenced to life imprisonment for murder, to fifteen years each for aggravated battery and incest, and to […]

545 S.E.2d 918 FELDER v. THE STATE. S01A0126.Supreme Court of Georgia. DECIDED: APRIL 30, 2001 THOMPSON, Justice. J. T. Felder was convicted of malice murder and possession of a knife while in the commission of a felony, in connection with the stabbing death of Sammy Watkins.[1] On appeal from the denial of his motion for […]

132 S.E.2d 668 ADAMS v. CATES DEVELOPMENT COMPANY. 22121.Supreme Court of Georgia.ARGUED JULY 9, 1963. DECIDED SEPTEMBER 5, 1963. DUCKWORTH, Chief Justice. Where the averments of a petition are contradicted by exhibits attached thereto, the exhibits will control over the contrary averments. Strickland v. Lowry Nat. Bank, 140 Ga. 653 (2) (79 S.E. 539); Vandiver […]

76 S.E.2d 396 KIRKLAND et al. v. JOHNSON et al. 18222.Supreme Court of Georgia.SUBMITTED MAY 12, 1953. DECIDED JUNE 10, 1953. ALMAND, Justice. W. P. Kirkland and others, as citizens, residents, and taxpayers of the City of Manchester, filed an equitable petition against that city, and certain named individuals constituting its acting Board of Commissioners, […]

193 S.E.2d 847 GREEN v. CALDWELL. 27431.Supreme Court of Georgia.SUBMITTED SEPTEMBER 12, 1972. DECIDED OCTOBER 23, 1972. JORDAN, Justice. Hershel Green is an indigent inmate of Georgia State Prison serving a 20-year sentence for burglary imposed in Lee Superior Court on May 4, 1961, and a concurrent 5-year sentence for escape imposed in Gwinnett Superior […]

696 S.E.2d 623 GONZALEZ v. CROCKET. No. S10A0452.Supreme Court of Georgia. DECIDED: JUNE 28, 2010. HINES, Justice. In this contempt case, the trial court ruled that certain real property was not encompassed in the final judgment and divorce decree, and thus remained the joint property of the parties. This Court granted an application for discretionary […]

164 S.E.2d 724 JONES, Executor, et al. v. VAN VLECK. 24915.Supreme Court of Georgia.ARGUED NOVEMBER 12, 1968. DECIDED NOVEMBER 21, 1968. GRICE, Justice. This court does not have jurisdiction of this case. The controversy is over an affidavit of indebtedness against the appellant executor which the appellee has recorded in the office of the clerk […]

604 S.E.2d 763 TIM’S CRANE RIGGING, INC. v. GIBSON. S04G1147.Supreme Court of Georgia. DECIDED OCTOBER 25, 2004. RECONSIDERATION DENIED DECEMBER 9, 2004. CARLEY, Justice. Pinkerton Laws, Inc. (Pinkerton), as the general contractor for a construction project, leased a crane from Tim’s Crane Rigging, Inc. (Tim’s Crane). David Fischer, a certified crane operator who was generally […]

52 S.E.2d 303 VARBLE v. HUGHES. 16509.Supreme Court of Georgia. FEBRUARY 14, 1949. REHEARING DENIED MARCH 16, 1949. Where, in a divorce and alimony suit, by consent a final decree for permanent alimony for the benefit of minor children, which reserves no authority to modify its terms, is taken, it passes beyond the discretionary control […]

374 S.E.2d 735 DANIELS v. DANIELS. 46257.Supreme Court of Georgia. DECIDED JANUARY 6, 1989. CLARKE, Presiding Justice. The trial court terminated former wife’s alimony based on the live-in lover statute, OCGA § 19-6-19 (b). The statute provides that where the alimony recipient enters into a relationship of voluntary cohabitation, dwelling together continuously and openly in […]

409 S.E.2d 500 JOHNSON v. THE STATE. S91A1068.Supreme Court of Georgia. DECIDED SEPTEMBER 6, 1991. RECONSIDERATION DENIED NOVEMBER 15, 1991. FLETCHER, Justice. Phillip Marldo Johnson was indicted for the malice murder of Michael Smialowicz, aggravated assault on Roger Smialowicz, and possession of a firearm during the commission of a felony.[1] At Johnson’s first trial, the […]

592 S.E.2d 419 CODY v. THE STATE. S03A1594.Supreme Court of Georgia. DECIDED FEBRUARY 2, 2004. BENHAM, Justice. Appellant was sentenced to life imprisonment after being convicted of felony murder, with the underlying felony being aggravated assault, in connection with the death of Clarence Weaver. His appeal from that conviction was filed in this Court. It […]

262 S.E.2d 77 CALE v. CALE. 35698.Supreme Court of Georgia. DECIDED NOVEMBER 26, 1979. REHEARING DENIED DECEMBER 4, 1979. PER CURIAM. This is the fourth appearance of this case in this court Cale v. Cale, 242 Ga. 600 (250 S.E.2d 467) (1978); 243 Ga. 519 (255 S.E.2d 41) (1979); 244 Ga. 191 (1979). Appellant has […]