Category: Georgia Supreme Court Opinions

271 S.E.2d 498 LOWELL et al. v. BOUCHILLON et al. 36414.Supreme Court of Georgia.SUBMITTED JUNE 27, 1980. DECIDED SEPTEMBER 17, 1980. MARSHALL, Justice. The two appellant sisters, together with a third sister (the wife of the appellee-executor of the will of the sisters’ father), are the specific devisees of the family home place. After the […]

404 S.E.2d 552 CHASTAIN et al. v. CHASTAIN et al. (three cases). S91A0277, S91X0278, S91X0279.Supreme Court of Georgia. DECIDED MAY 28, 1991. WELTNER, Justice. W. D. Chastain died in 1974. The following provisions in his will concerned education for his nephews Richard, Thomas, and Joseph Chastain: Item IV. All the rest and residue of my […]

501 S.E.2d 491 SWANSON v. SWANSON. S98A0401.Supreme Court of Georgia. DECIDED JUNE 15, 1998 — RECONSIDERATION DENIED JULY 31, 1998. HINES, Justice. This is a dispute between two brothers, James A. Swanson and Teddy Lamar Swanson, over the ownership of the 243-acre family farm located in Catoosa and Walker counties. James brought the action against […]

375 S.E.2d 839 SIGNA DEVELOPMENT CORPORATION v. FAYETTE COUNTY et al. 46260.Supreme Court of Georgia. DECIDED FEBRUARY 2, 1989. RECONSIDERATION DENIED MARCH 2, 1989. WELTNER, Justice. Signa Development Corporation wished to develop its property, located in unincorporated Fayette County. Believing the county land use ordinances were too restrictive, Signa persuaded the City of Fayetteville to […]

268 S.E.2d 151 YEARTA v. SCROGGINS. 35794.Supreme Court of Georgia.SUBMITTED JANUARY 4, 1980. DECIDED MAY 27, 1980. UNDERCOFLER, Chief Justice. The mother and father here were divorced in Missouri in February, 1977. The mother and the two children, whose custody was awarded to her, then moved to Georgia. Later that year, she became sick and […]

221 S.E.2d 800 TODD v. THE STATE. 30498.Supreme Court of Georgia.SUBMITTED NOVEMBER 14, 1975. DECIDED DECEMBER 4, 1975. PER CURIAM. Johnny Otis Todd, Darnell Royalston and Michael Jennings were indicted for the armed robbery of a Majik Market in Fulton County. Todd was convicted and sentenced to serve 10 years. He was also indicted and […]

63 S.E.2d 653 GEORGIA PUBLIC SERVICE COMMISSION et al. v. SMITH TRANSFER COMPANY INC. 17349.Supreme Court of Georgia.FEBRUARY 14, 1951. REHEARING DENIED MARCH 14, 1951. HAWKINS, Justice. 1. While the Georgia Public Service Commission is vested with the power to regulate the business of engaging as a motor carrier of persons or property for hire […]

200 S.E.2d 897 PLESS v. THE STATE. 28266.Supreme Court of Georgia.ARGUED SEPTEMBER 12, 1973. DECIDED OCTOBER 5, 1973. MOBLEY, Chief Justice. Tony Pless was found guilty of armed robbery and sentenced to life imprisonment. This appeal is from that conviction and sentence. 1. Enumerated error one alleges that the court erred in its charge to […]

570 S.E.2d 280 WRIGHT v. THE STATE. S02A0674.Supreme Court of Georgia. Decided September 23, 2002 SEARS, Presiding Justice. Appellant Edward Clayton Wright appeals the trial court’s denial of his motion to withdraw a guilty plea, claiming that the plea was not knowingly, intelligently and voluntarily entered. Finding no error in the trial court’s ruling, we […]

80 S.E.2d 310 PATTERSON v. PATTERSON. 18457.Supreme Court of Georgia.ARGUED JANUARY 12, 1954. DECIDED FEBRUARY 9, 1954. HAWKINS, Justice. W. O. Patterson filed, in the Superior Court of Newton County, Georgia, on November 20, 1952, his petition against Martha Elizabeth Patterson, his daughter, and William Henry Patterson, his son, seeking cancellation of a deed, which […]

479 S.E.2d 733 WARBINGTON v. THE STATE. S96A1854.Supreme Court of Georgia. DECIDED JANUARY 21, 1997. CARLEY, Justice. A jury found Frankie Warbington guilty of the malice murder of his live-in girlfriend and the trial court entered a judgment of conviction and a life sentence on that verdict. The trial court denied Warbington’s subsequent motion for […]

279 S.E.2d 207 GAYLOR v. THE STATE. 37462.Supreme Court of Georgia. DECIDED JUNE 17, 1981. REHEARING DENIED JULY 7, 1981. MARSHALL, Justice. We have granted the defendant’s requested out-of-time appeal from his conviction of murder and life sentence, it appearing that, prior to the overruling of the defendant’s motion for new trial, his counsel accepted […]

50 S.E.2d 600 WHITEMAN v. LEDFORD et al. 16393.Supreme Court of Georgia. NOVEMBER 17, 1948. GROVES, Justice. 1. On the motion to dismiss the writ of error for failure to serve a necessary party, the record shows the following: The original petition named seventeen defendants. Sixteen were properly served. The sheriff certified, “diligent search made […]

73 S.E.2d 171 DELINSKI v. DUNN et al. 17988.Supreme Court of Georgia.ARGUED OCTOBER 14, 1952. DECIDED NOVEMBER 12, 1952. HAWKINS, Justice. This is the third appearance in this court of this case (Delinski v. Dunn, 206 Ga. 825, 59 S.E.2d 248; 207 Ga. 723, 64 S.E.2d 44), which was a habeas corpus proceeding instituted by […]

416 S.E.2d 516 VANCE v. THE STATE. S92A0222.Supreme Court of Georgia. DECIDED MAY 22, 1992. SEARS-COLLINS, Justice. Randy Edward Vance was convicted by a jury of one count of malice murder and one count of cruelty to children following the death of his girl friend’s 21-month-old son. The child died as the result of loss […]

667 S.E.2d 615 IN THE MATTER OF CHRISTOPHER A. FRAZIER. No. S08Y1493.Supreme Court of Georgia. DECIDED OCTOBER 6, 2008. PER CURIAM. This disciplinary matter is before the Court on the petition of Christopher A. Frazier for the voluntary surrender of his license to practice law. Frazier is currently under suspension for his failure to respond […]

22 S.E.2d 173 WATERS et al. v. TILLMAN. 14166.Supreme Court of Georgia. SEPTEMBER 21, 1942. 1. A vendor can compel specific performance in equity, where the vendee would be entitled to that remedy; and the vendor’s relief may include the execution and delivery of an agreed mortgage or security deed. The vendor also may recover […]

635 S.E.2d 35 JOHNSON v. FAYETTE COUNTY. S06A0160.Supreme Court of Georgia. DECIDED MAY 8, 2006. HUNSTEIN, Presiding Justice. The Fayette County Marshal’s Department (“FCMD”) was created in 1983 when the County, acting through its Board of Commissioners, Page 494 adopted Section 2-4 of the Fayette County Code of Ordinances. In August 2003, the Fayette County […]

282 S.E.2d 76 SMITH v. STATE OF GEORGIA et al. STATE OF GEORGIA et al. v. BRUCE et al. ROWLAND HILLS CORPORATION et al. v. STATE OF GEORGIA et al. 37291, 37292, 37293.Supreme Court of Georgia. DECIDED SEPTEMBER 17, 1981. GREGORY, Justice. This is the fourth appearance of this case in this court. Se State […]

575 S.E.2d 508 IN THE MATTER OF MICHAEL A. JONES. S02Y0804, S02Y1528, S02Y1529, S02Y1530, S02Y1531, S02Y1532, S02Y1533, S02Y1534, S02Y1535, S02Y1536, S02Y1537.Supreme Court of Georgia. DECIDED: JANUARY 13, 2003 PER CURIAM. These disciplinary matters are before the Court pursuant to eleven Notices of Discipline filed by the State Bar alleging that Respondent Michael A. Jones violated […]

255 S.E.2d 31 BICKLEY v. THE STATE. 34654.Supreme Court of Georgia.SUBMITTED MARCH 2, 1979. DECIDED APRIL 6, 1979. UNDERCOFLER, Presiding Justice. We are asked to instruct the Court of Appeals concerning the following certified questions: (1) “In all misdemeanor cases which may be prosecuted in superior court, in which the district attorney has the authority […]

68 S.E.2d 581 HANLEY et al. v. SAVANNAH BANK TRUST COMPANY, executor. 17670.Supreme Court of Georgia.SUBMITTED NOVEMBER 14, 1951. DECIDED JANUARY 14, 1952. If a part of the consideration of a contract is illegal and void, as being against public policy, the contract is not enforceable. No. 17670. SUBMITTED NOVEMBER 14, 1951 — DECIDED JANUARY […]

539 S.E.2d 137 DURHAM v. THE STATE. S00A1970.Supreme Court of Georgia. DECIDED: NOVEMBER 13, 2000. FLETCHER, Presiding Justice. A jury convicted Granville Anthony Durham of malice murder and other crimes in the stabbing death of Claude Davis.[1] Durham claims that the trial court improperly admitted his custodial statement into evidence. Because the evidence supports the […]

271 S.E.2d 465 CODNER v. SIEGEL et al. 36155.Supreme Court of Georgia.ARGUED MAY 13, 1980. DECIDED SEPTEMBER 8, 1980. REHEARING DENIED SEPTEMBER 23, 1980. BOWLES, Justice. This court granted certiorari to consider Division 2 of the Court of Appeals’ opinion in Siegel v. Codner, 153 Ga. App. 438 (265 S.E.2d 287) (1980) which suggests that […]

526 S.E.2d 60 THELEN v. THE STATE. S99A1748.Supreme Court of Georgia. DECIDED: FEBRUARY 14, 2000 CARLEY, Justice. Pete Thelen is a commercial helicopter pilot and instructor who, on several occasions, landed and then took off in a helicopter from his own dock on Lake Spivey in Clayton County. Neighbors who lived some 200 feet away […]

416 S.E.2d 84 WEEMS v. THE STATE. s91A1401.Supreme Court of Georgia. DECIDED MARCH 20, 1992. RECONSIDERATION DENIED APRIL 1, 1992. WELTNER, Presiding Justice. Glen Weems shot and killed Terrell Weaver with a handgun and shot Jairus Sims, Nikita Welch, and Roshane Favors. He was convicted of felony murder and three counts of aggravated assault. He […]

310 S.E.2d 908 WARE v. THE STATE. 40372.Supreme Court of Georgia. DECIDED JANUARY 25, 1984. HILL, Chief Justice. On December 9, 1982, the defendant was convicted of the murder of Bobby Lee Newman and was sentenced to life imprisonment. The defendant filed a motion for new trial which was denied on August 10, 1983.[1] The […]

152 S.E.2d 871 BURNEY v. BURNEY. 23765.Supreme Court of Georgia.ARGUED OCTOBER 12, 1966. DECIDED DECEMBER 5, 1966. 1. When the question of custody of minor children in a divorce action has been transferred to the juvenile court, it is proper for the judge of the juvenile court to give consideration to the verdict and judgment […]

350 S.E.2d 247 ARTIS v. CRENSHAW. 43285.Supreme Court of Georgia. DECIDED NOVEMBER 26, 1986. BELL, Justice. In 1982 appellee Maggie Crenshaw filed suit against appellant Fred Artis, seeking certain real property in Savannah, Georgia, and compensatory and exemplary damages. In 1984 she amended her complaint, by adding a second count in which she sought the […]

687 S.E.2d 471 MISTER v. THE STATE. No. S09A1338.Supreme Court of Georgia. DECIDED NOVEMBER 23, 2009. RECONSIDERATION DENIED DECEMBER 15, 2009. NAHMIAS, Justice. Demarcus Mister, Timothy Walker, and Willie Moore were jointly indicted for various crimes stemming from the shooting death of Marcus Talton and the shooting of John Johnson. Walker and Moore pled guilty […]

415 S.E.2d 901 IN THE MATTER OF THOMAS L. BINGLEY. SUPREME COURT DISCIPLINARY NO. 898.Supreme Court of Georgia. DECIDED MARCH 5, 1992. PER CURIAM. The State Bar of Georgia seeks the disbarment of Thomas L. Bingley for violating Standards 4, 22, 23, 24, 26, 44, 45, 63, 65, and 68 of State Bar Rule 4-102 […]

233 S.E.2d 161 PARRISH v. HOPPER. 31446.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1976. DECIDED FEBRUARY 14, 1977. REHEARINGS DENIED MARCH 9, 1977. PER CURIAM. On this appeal from the Tattnall County Superior Court’s denial of his habeas corpus petition, Parrish attacks two unrelated but concurrent 1971 sentences, one for burglary, and one for armed robbery. […]

314 S.E.2d 218 MACON ASSOCIATION FOR RETARDED CITIZENS v. MACON-BIBB COUNTY PLANNING AND ZONING COMMISSION. 40623.Supreme Court of Georgia. DECIDED APRIL 4, 1984. REHEARING DENIED MAY 1, 1984. MARSHALL, Presiding Justice. The Macon Association for Retarded Citizens, a nonprofit organization which is governmentally financed, submitted a petition to the Macon-Bibb County Planning and zoning Commission […]

401 S.E.2d 254 IN RE M. E. J. S90A1629.Supreme Court of Georgia. DECIDED FEBRUARY 21, 1991. FLETCHER, Justice. M. E. J., a juvenile, was charged with three counts of murder. There is evidence that on June 15, 1990, the state served M. E. J. with notice of its intent to transfer his case to superior […]

335 S.E.2d 582 CITY OF ROSWELL et al. v. DAVIS. 42224.Supreme Court of Georgia. DECIDED OCTOBER 30, 1985. RECONSIDERATION DENIED NOVEMBER 19, 1985. HILL, Chief Justice. This is a civil rights case, involving the alleged inadequate training of a police officer, here on certiorari. Davis v. Ramey, 174 Ga. App. 417 (330 S.E.2d 130) (1985). […]

434 S.E.2d 54 SPANN v. THE STATE. S93A0711.Supreme Court of Georgia. DECIDED SEPTEMBER 13, 1993. SEARS-COLLINS, Justice. Nathaniel Sabastian Spann was convicted in Chatham County Superior Court of malice murder and possession of a firearm during the commission of a felony.[1] He was sentenced to life imprisonment for malice murder and five years for possession […]

452 S.E.2d 500 MOBLEY v. THE STATE. S94A0876.Supreme Court of Georgia. DECIDED JANUARY 30, 1995. THOMPSON, Justice. Paul Mobley was convicted of the felony murder of Marc Dixon and the aggravated assaults of Jeffrey Hunter and Craig Ferrell by shooting with a pistol.[1] He appeals from the judgments of conviction and sentences entered thereon, following […]

348 S.E.2d 638 YOST et al. v. FULTON COUNTY et al. 43240.Supreme Court of Georgia. DECIDED OCTOBER 8, 1986. RECONSIDERATION DENIED OCTOBER 22, 1986. SMITH, Justice. The appellants, Yost and Baker, filed an action for a declaratory judgment in the Fulton County Superior Court to ascertain the proper zoning classification for a certain piece of […]

246 S.E.2d 682 IRVIN v. ASKEW. 33726.Supreme Court of Georgia.ARGUED JUNE 20, 1978. DECIDED JULY 6, 1978. UNDERCOFLER, Presiding Justice. George Irvin filed a caveat to the probate of his deceased wife’s will on the grounds of undue influence and mental incapacity. The trial court directed a verdict in favor of the propounder and Irvin […]

242 S.E.2d 139 CITY OF ATLANTA v. ASSOCIATED BUILDERS CONTRACTORS OF GEORGIA, INC. et al. 32906.Supreme Court of Georgia.ARGUED NOVEMBER 16, 1977. DECIDED FEBRUARY 7, 1978. MARSHALL, Justice. The question which this case presents concerns the constitutionality of an ordinance of the City of Atlanta (Section 31-41.11 as amended by Section 31.47(a), Code of Ordinances […]

411 S.E.2d 874 McCOLLUM v. POPE et al. FIRST AMERICAN BANK OF GEORGIA, N.A. v. POPE et al. S91A1632, S91A1633.Supreme Court of Georgia. DECIDED JANUARY 17, 1992. RECONSIDERATION DENIED FEBRUARY 5, 1992. WELTNER, Presiding Justice. Upon the default by the grantor of a security deed, the grantee initiated a sale under power contained in the […]

26 S.E.2d 731 COLLIER v. MAYFLOWER APARTMENTS INC. et al. 14566.Supreme Court of Georgia. JULY 8, 1943. 1. Misjoinder of causes of action is a matter for appropriate special demurrer. Such an objection is not reached by general demurrer. 2. A petition by a minority stockholder which seeks to set aside an executed agreement between […]

322 S.E.2d 492 SMITH v. THE STATE. 41589.Supreme Court of Georgia. DECIDED NOVEMBER 16, 1984. MARSHALL, Presiding Justice. Herman Smith was indicted, tried and convicted of the malice murder of Beverly Ann Farley. He was sentenced to life imprisonment.[1] His appointed appellate counsel has filed an Anders motion, Anders v. California, 386 U.S. 738 (87 […]

211 S.E.2d 767 WELCH v. COOPER et al. 29316.Supreme Court of Georgia.ARGUED OCTOBER 16, 1974. DECIDED JANUARY 17, 1975. GUNTER, Justice. This is an appeal from a judgment based on a jury verdict after a trial. The judgment granted specific performance of a contract to purchase real estate. The appellant has enumerated several errors, but […]

186 S.E.2d 872 GLYNN COUNTY v. DAVIS et al. 26859.Supreme Court of Georgia.ARGUED DECEMBER 13, 1971. DECIDED JANUARY 19, 1972. REHEARING DENIED FEBRUARY 11, 1972. 1. Glynn County has no authority to require a county license for the sale of alcoholic beverages on Jekyll Island, since the island is owned by the State and is […]

115 S.E.2d 360 MAXWELL et al. v. HOLLIS, Administratrix; and vice versa. 20930, 20931.Supreme Court of Georgia.ARGUED JUNE 13, 1960. DECIDED JULY 12, 1960. 1. The motions to dismiss are denied. 2. The provisions of the act of 1939 (Ga. L. 1939, p. 344; Code, Ann., § 37-410) barring the filing of interventions in equity […]

110 S.E.2d 657 THOMAS v. THOMAS. 20613.Supreme Court of Georgia.SUBMITTED SEPTEMBER 15, 1959. DECIDED OCTOBER 9, 1959. The act approved March 21, 1958 (Ga. L. 1958, p. 204), does not give a right of action to the defendant’s former wife to require him to pay for the support of the minor children awarded to her […]

264 S.E.2d 222 MITCHELL et al v. MITCHELL. 35645.Supreme Court of Georgia.SUBMITTED NOVEMBER 30, 1979. DECIDED FEBRUARY 20, 1980. NICHOLS, Chief Justice. The single question presented is whether or not the will was validly executed. The probate court found the following as facts: The testator, Charlie Monroe Mitchell, made his mark unassisted. The words “his […]

152 S.E.2d 369 GRIMES, Sheriff v. STEWART. 23743.Supreme Court of Georgia.SUBMITTED OCTOBER 12, 1966. DECIDED NOVEMBER 16, 1966. MOBLEY, Justice. This is an appeal by the Sheriff of Fulton County from a judgment granting the writ of habeas corpus and ordering release of the petitioner, who was a prisoner serving a misdemeanor sentence of 12 […]

115 S.E.2d 348 HALL v. HALL. 20935.Supreme Court of Georgia.ARGUED JUNE 14, 1960. DECIDED JULY 7, 1960. MOBLEY, Justice. Mrs. F. S. Hall, Sr., brought a suit for permanent alimony, attorney’s fees, and expenses of litigation against her husband, F. S. Hall, Sr., alleging that she and her husband were living in a bona fide […]

554 S.E.2d 474 OLIVER v. THE STATE. S01A0817.Supreme Court of Georgia. DECIDED: NOVEMBER 5, 2001 FLETCHER, Chief Justice. A jury convicted Gary Oliver of aggravated assault and felony murder in the shooting death of Dexter Wallace and the aggravated assaults of Frank Griggs and Jason Weems. Oliver also was convicted of possessing a firearm during […]

160 S.E.2d 398 BENFIELD v. THE STATE. 24486.Supreme Court of Georgia.ARGUED FEBRUARY 12, 1968. DECIDED MARCH 7, 1968. MOBLEY, Justice. The appeal was docketed in this court on January 5, 1968. No enumeration of errors was filed until February 8, 1968. Ga. L. 1965, pp. 18, 29, § 14, as amended by Ga. L. 1965, […]

336 S.E.2d 37 BRICKS v. WALKER SHOWCASE, INC. 42447.Supreme Court of Georgia. DECIDED OCTOBER 17, 1985. RECONSIDERATION DENIED NOVEMBER 5, 1985. CLARKE, Justice. This appeal calls into question two provisions of Georgia law relating to the means of perfecting service upon a domestic corporation. One procedure appears in the Civil Practice Act and another appears […]

457 S.E.2d 810 OTWELL v. DORSEY. S95A0463.Supreme Court of Georgia. DECIDED MAY 30, 1995. RECONSIDERATION DENIED JUNE 27, 1995. HUNT, Chief Justice. John Otwell appeals from the trial court’s judgment following the jury’s verdict in Danita Dorsey’s favor. We reverse and remand. Dorsey contracted with Otwell to rebuild Dorsey’s house which had been destroyed by […]

243 S.E.2d 68 BELL v. EDWARDS. 33303.Supreme Court of Georgia.ARGUED FEBRUARY 14, 1978. DECIDED MARCH 8, 1978. JORDAN, Justice. Margaret Bell filed a caveat to the will of Sylvester Edwards. The caveat was denied and the will probated in solemn form. She appealed to the superior court. At the conclusion of a trial before a […]

619 S.E.2d 613 LEMON v. THE STATE. S05A1039.Supreme Court of Georgia. DECIDED SEPTEMBER 19, 2005. MELTON, Justice. In this interlocutory appeal regarding a felony murder resulting from a domestic dispute, Glenn Carl Lemon contends that the trial court erred by denying his motion to suppress certain evidence seized Page 619 from his home during the […]

299 S.E.2d 732 FISKE v. KINGS POINT CONDOMINIUM ASSOCIATION, INC. et al. 39151.Supreme Court of Georgia. DECIDED FEBRUARY 8, 1983. SMITH, Justice. This is an appeal from an order of the Superior Court of Rabun County holding appellant Fiske in contempt of a previous order of the Page 545 court. We reverse. The appellee association […]

319 S.E.2d 11 WALLER et al. v. THE STATE. 39385.Supreme Court of Georgia. DECIDED JULY 5, 1984. PER CURIAM. In its first appearance before this court, we affirmed this case. Waller v. State, 251 Ga. 124 (303 S.E.2d 437) (1983). The Supreme Court of the United States granted certiorari and reversed Division 4 of our […]

301 S.E.2d 265 CEDENO et al. v. LOCKWOOD, INC. 39336.Supreme Court of Georgia. DECIDED APRIL 5, 1983. HILL, Chief Justice. In 1975 the Atlanta City Council developed a plan to create a municipal park in the area known as Underground Atlanta. A fence was to be erected around the area and a nominal admission fee […]

28 S.E.2d 652 BEDENBAUGH v. BURGIN et al.; et vice versa. 14723, 14726.Supreme Court of Georgia. JANUARY 5, 1944. Where a plaintiff filed a petition against a defendant praying for the reformation of a contract and for injunction, and before commencement of the term of court to which the suit was filed an agreement was […]

93 S.E.2d 758 MONTGOMERY et al. v. PIERCE. 19384.Supreme Court of Georgia.ARGUED JUNE 12, 1956. DECIDED JULY 10, 1956. REHEARING DENIED JULY 24, 1956. 1. (a) The petition stating a cause of action for equitable relief, was not subject to demurrer on the ground that it failed to set forth a cause of action for […]

399 S.E.2d 918 CARMICHAEL v. THE STATE. S90A1677.Supreme Court of Georgia. DECIDED JANUARY 31, 1991. RECONSIDERATION DENIED FEBRUARY 20, 1991. WELTNER, Justice. Roderick Carmichael shot and killed Larry Thompson, Jr., with a handgun. He was convicted by a jury of felony murder and armed robbery, and was sentenced to life imprisonment and a concurrent term […]

253 S.E.2d 202 MELLON BANK, N. A. v. COPPAGE. 34290.Supreme Court of Georgia.SUBMITTED DECEMBER 29, 1978. DECIDED FEBRUARY 27, 1979. NICHOLS, Chief Justice. This court granted certiorari to review the ruling of the Court of Appeals that a writ of possession is void ab initio where the oath required by Code Ann. § 67-702 is […]

458 S.E.2d 103 LUCAS v. THE STATE. S95A0211.Supreme Court of Georgia. DECIDED JUNE 12, 1995. RECONSIDERATION DENIED JUNE 30, 1995. SEARS, Justice. The appellant, Michael Lucas, was convicted of the felony murder and aggravated assault of his brother-in-law Willie Holyfield and of the aggravated assault of his nephews Larry Maddox and Dante McDaniel.[1] The trial […]

589 S.E.2d 66 IN THE MATTER OF GEORGE THOMAS COUMARIS. S03Y1200.Supreme Court of Georgia. DECIDED NOVEMBER 10, 2003. PER CURIAM. This matter is before the Court on the Report and Recommendation of the Special Master that Respondent George Thomas Coumaris be disbarred for his violation of Rule 8.4 (a) (2) of Bar Rule 4-102 (d). […]

399 S.E.2d 916 McCORKLE v. BIGNAULT. S90A1409.Supreme Court of Georgia. DECIDED JANUARY 31, 1991. FLETCHER, Justice. In 1979, the Georgia Indigent Defense Act (the “Act”), creating a state-funded indigent defense program was enacted by the legislature, Ga. L. 1979, p. 367; OCGA § 17-12-30 et seq. In September of 1989, the Chatham County Board of […]

172 S.E.2d 612 GRAND LODGE OF GEORGIA, INDEPENDENT ORDER OF ODD FELLOWS v. CITY OF THOMASVILLE et al. 25498.Supreme Court of Georgia.ARGUED NOVEMBER 10, 1969. DECIDED JANUARY 8, 1970. 1. An action seeking decree of title and writ of possession of land, where no equitable relief is sought, is a case respecting title to land […]

69 S.E.2d 742 TOWNS et al. v. SUTTLES, Tax Collector. 17760.Supreme Court of Georgia.ARGUED FEBRUARY 12, 1952. DECIDED MARCH 11, 1952. REHEARING DENIED MARCH 25, 1952. The resolution (Ga. L. 1950, p. 472) seeking to amend article 7, section 1, paragraph 4, of the Constitution (Code, Ann., § 2-5404), so that the homestead residence tax […]

202 S.E.2d 457 FARMER v. MARTIN. 28101.Supreme Court of Georgia. DECIDED SEPTEMBER 6, 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 […]

267 S.E.2d 229 HARWELL et al v. FIRST FEDERAL SAVINGS LOAN ASSOCIATION OF WINDER. 36067.Supreme Court of Georgia.SUBMITTED MARCH 21, 1980. DECIDED MAY 7, 1980. NICHOLS, Justice. The trial court confirmed in favor of First Federal a sale made under a power to sell contained in a security deed. Harwell and Golden Mark appeal contending […]

428 S.E.2d 793 OWENS v. THE STATE. S93A0165.Supreme Court of Georgia. DECIDED MAY 3, 1993. SEARS-COLLINS, Justice. The appellant, Bertram Ramon Owens, was found guilty in Richmond County Superior Court of the armed robbery and malice murder of Arthur James Hammond, and of possession of a firearm during the commission of a felony. The appellant […]

405 S.E.2d 38 MITCHELL v. THE STATE. S91A0452.Supreme Court of Georgia. DECIDED JUNE 21, 1991. BELL, Justice. Mitchell was convicted of the malice murder and felony murder of Jerry Butler and the aggravated assault of Tina Daniel. He was also convicted of burglary, and possession of a firearm by a convicted felon.[1] On appeal Mitchell […]

322 S.E.2d 885 KELLY v. CITY OF MARIETTA et al. 40976.Supreme Court of Georgia. DECIDED NOVEMBER 28, 1984. BELL, Justice. The facts of this case are reported in City of Marietta v. Kelly, 169 Ga. App. 927 (315 S.E.2d 659) (1984). In the first division of that opinion the Court of Appeals reversed the trial […]

704 S.E.2d 791 IN THE MATTER OF KAREN SUZANNE WILKES. No. S10Y1717.Supreme Court of Georgia. DECIDED JANUARY 10, 2011. PER CURIAM. This disciplinary matter is before the Court pursuant to a Notice of Discipline filed by the State Bar alleging that Respondent Karen Suzanne Wilkes (State Bar No. 759437), who has been a member of […]

196 S.E.2d 409 WYMS v. AULT. 27418.Supreme Court of Georgia. DECIDED JANUARY 5, 1973. The trial court did not err in remanding the appellant to custody. Page 378 Judgment affirmed. All the Justices concur. DECIDED JANUARY 5, 1973. Habeas corpus. Butts Superior Court. Before Judge Sosebee. Eric Wyms, pro se. Arthur K. Bolton, Attorney General, […]

58 S.E.2d 844 GARNER et al v. MAYOR c. OF ATHENS et al. 17031.Supreme Court of Georgia. APRIL 11, 1950. Under the allegations and proof, it was error to deny the interlocutory injunction. No. 17031. APRIL 11, 1950. Petition for injunction. Before Judge West. Clarke Superior Court. December 3, 1949. Elizabeth H. Garner and Cherokee […]

195 S.E.2d 417 CONTINENTAL CASUALTY COMPANY v. UNION CAMP CORPORATION et al. 27391.Supreme Court of Georgia.ARGUED SEPTEMBER 11, 1972. DECIDED JANUARY 4, 1973. 1. The evidence authorized the verdict for the plaintiff. Consequently, it did not demand a verdict for the defendant and the trial court did not err in overruling the motion for a […]

627 S.E.2d 34 MARTIN v. ASTUDILLO. S06A0401.Supreme Court of Georgia. DECIDED FEBRUARY 27, 2006. CARLEY, Justice. A jury found Martin Astudillo guilty of rape, armed robbery, burglary and kidnapping. His trial attorney was a Fulton County public defender. When, after trial, that lawyer resigned and accepted employment elsewhere, another attorney in the public defender’s office […]

56 S.E.2d 447 MANKIN et al. v. BRYANT; et vice versa. 16808, 16809.Supreme Court of Georgia. NOVEMBER 14, 1949. The petition stated a cause of action for specific performance of a promise to convey land, under the Code, § 37-804, and the trial court did not err in any of its rulings on the various […]

273 S.E.2d 406 TROTTER v. TROTTER. 36708.Supreme Court of Georgia.SUBMITTED SEPTEMBER 26, 1980. DECIDED OCTOBER 29, 1980. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur, except Bowles, J., who dissents. SUBMITTED SEPTEMBER 26, 1980 — DECIDED OCTOBER 29, 1980. Cancellation, etc. Clayton Superior Court. Before Judge Crumbley. Page 592 Reiter Windham, […]

282 S.E.2d 641 SHEPPARD v. YARA ENGINEERING CORPORATION et al. 37737.Supreme Court of Georgia. DECIDED SEPTEMBER 9, 1981. HILL, Presiding Justice. The issue in this case is whether two employees of the defendant Cyprus Mining Company were properly dismissed as parties. The answer depends on whether the plaintiff’s claim raises questions solely in contract or […]

402 S.E.2d 518 ZANT v. HARRISON. S91A0185.Supreme Court of Georgia. DECIDED FEBRUARY 21, 1991. PER CURIAM. This case is controlled by Ross v. Kemp, 260 Ga. 312 (393 S.E.2d 244) (1990). Judgment affirmed. All the Justices concur. DECIDED FEBRUARY 21, 1991. Habeas corpus. Butts Superior Court. Before Judge Langham from Atlanta Circuit. Michael J. Bowers, […]

360 S.E.2d 255 LONG et al. v. MARION. 44592.Supreme Court of Georgia. DECIDED SEPTEMBER 24, 1987. MARSHALL, Chief Justice. Appellants Long and Import Performance Centre, Ltd., brought a four-count action against appellee Marion based on their agreement to repair his automobile. Count 1 of Marion’s three-count counterclaim for breach of the contract to repair referred […]

138 S.E.2d 567 KENNEDY v. DURHAM et al. 22662.Supreme Court of Georgia.ARGUED SEPTEMBER 16, 1964. DECIDED OCTOBER 8, 1964. The petition stated a cause of action for the sale of property, divesting the interest of contingent remaindermen, with a reinvestment of the proceeds of the sale. ARGUED SEPTEMBER 16, 1964 — DECIDED OCTOBER 8, 1964. […]

188 S.E.2d 502 KING v. KING et al. 26997.Supreme Court of Georgia.SUBMITTED FEBRUARY 14, 1972. DECIDED MARCH 9, 1972. REHEARING DENIED MARCH 23, 1972. 1. The trial court properly overruled defendant’s motion to dismiss the complaint. 2. It appearing without dispute that defendant, as sole trustee of a trust, had moved her residence to another […]

324 S.E.2d 455 SIMON v. THE STATE. 41369.Supreme Court of Georgia. DECIDED JANUARY 7, 1985. CLARKE, Justice. James “Gene” Simon was convicted of the murder of William “Bum” Phillips on January 13, 1984.[1] Simon and Phillips were wood producers for Moultrie Pulpwood in Moultrie, Georgia. They began to quarrel in the office of the manager, […]

202 S.E.2d 417 McKENZIE v. THE STATE. 28085.Supreme Court of Georgia.SUBMITTED JULY 12, 1973. DECIDED NOVEMBER 29, 1973. REHEARING DENIED DECEMBER 17, 1973. GUNTER, Justice. The appellant here was convicted in the trial court for the crime of armed robbery, he received a five-year sentence, and he has appealed directly to this court. Three errors […]

401 S.E.2d 697 LeCRAW et al. v. LeCRAW et al. S90A1570.Supreme Court of Georgia. DECIDED MARCH 13, 1991. RECONSIDERATION DENIED MARCH 27, 1991. BENHAM, Justice. Appellant/executors of the estate of Julia Adams LeCraw sought judicial direction in the administration of the estate, and a declaratory judgment concerning a power of attorney executed by Mrs. LeCraw […]

668 S.E.2d 690 MILLER v. THE STATE. No. S08A1143.Supreme Court of Georgia. DECIDED OCTOBER 27, 2008. SEARS, Chief Justice. In 2005, a Fulton County jury convicted Corey Miller of felony murder and related crimes arising out of the shooting death of Miller’s best friend, Cortez Wilson. Miller contends the trial court abused its discretion in […]

175 S.E.2d 662 DODD v. FIRST FEDERAL SAVINGS LOAN ASSOCIATION OF STATESBORO. 25816.Supreme Court of Georgia.ARGUED MAY 12, 1970. DECIDED JUNE 8, 1970. REHEARING DENIED JUNE 25, 1970. UNDERCOFLER, Justice. Mrs. Mary Ruth L. Dodd brought this action against the First Federal Savings Loan Association of Statesboro, Georgia, complaining that it failed to comply with […]

185 S.E.2d 766 MUNN v. KELLIAM. 26813.Supreme Court of Georgia.ARGUED OCTOBER 12, 1971. DECIDED NOVEMBER 19, 1971. PER CURIAM. This appeal is from the following order of the trial court: “It appearing to the court that the movant has made no effort to perfect the record in the above captioned case or prosecute the motion […]

454 S.E.2d 513 MASSEY ASSOCIATES, LTD. v. WHITEHORSE INNS OF GEORGIA, INC. et al. S94A1917.Supreme Court of Georgia. DECIDED MARCH 13, 1995. RECONSIDERATION DENIED MARCH 30, 1995. BENHAM, Presiding Justice. Appellant Massey Associates and appellee Whitehorse Inns of Georgia own contiguous parcels of real estate in DeKalb County. Massey’s predecessor in title acquired its property […]

100 S.E.2d 580 McKIE et al. v. McKIE et al. 19809.Supreme Court of Georgia.ARGUED SEPTEMBER 9, 1957. DECIDED OCTOBER 15, 1957. HAWKINS, Justice. 1. Where, during the life of her husband, the wife separates from him and assumes a relationship of separation, she is to all intents and purposes sui juris, and may institute suit […]

417 S.E.2d 653 COLLIER et al. v. FIRST NATIONAL BANK OF ATLANTA et al. S92A0201.Supreme Court of Georgia. DECIDED JUNE 11, 1992. RECONSIDERATION DENIED JULY 16, 1992. CLARKE, Chief Justice. Preston C. Upshaw died, survived by his wife, Alice Boardman Upshaw, as well as his two children from a previous marriage, Anne Upshaw Chalmers and […]

368 S.E.2d 515 MARTIN v. THE STATE. 45626.Supreme Court of Georgia. DECIDED JUNE 9, 1988. GREGORY, Justice. The defendant, Venson Donnell Martin, was convicted of the felony murder of Nathaniel Basil Mayfield and sentenced to life imprisonment.[1] Page 301 The evidence at trial showed that on December 5, 1986 the victim was riding with James […]

23 S.E.2d 430 ATLANTA TRUST COMPANY v. FEDERAL LAND BANK OF COLUMBIA et al. 14340.Supreme Court of Georgia. NOVEMBER 10, 1942. REHEARING DENIED DECEMBER 3, 1942. A creditor who on the same day receives from a debtor two security deeds conveying the same property, one to secure an indebtedness of forty thousand dollars and the […]

174 S.E.2d 889 BROWN et al. v. LEGGITT et al. 25765.Supreme Court of Georgia.SUBMITTED APRIL 14, 1970. DECIDED MAY 7, 1970. REHEARING DENIED MAY 21, 1970. 1. The motion to remand to the Court of Appeals is denied. 2. On motion for a summary judgment in a partition proceeding, the record demanded a finding that […]

166 S.E.2d 885 GRIFFIN v. THE STATE. 25086.Supreme Court of Georgia.ARGUED MARCH 10, 1969. DECIDED MARCH 20, 1969. REHEARING DENIED APRIL 3, 1969. UNDERCOFLER, Justice. The defendant was convicted of robbery by the use of an offensive weapon and sentenced to nineteen years in the penitentiary. He appeals from the overruling of his motion for […]