Category: Georgia Supreme Court Opinions

546 S.E.2d 277 PITTMAN v. THE STATE. S01A0507.Supreme Court of Georgia. DECIDED: MAY 7, 2001 HUNSTEIN, Justice. A jury found James Pittman guilty of malice murder, felony murder and aggravated assault. He appeals the denial of his motion for new trial, and we affirm.[1] 1. The evidence presented at trial showed that on the evening […]

686 S.E.2d 239 THE STATE v. FOLSOM; and vice versa. Nos. S09A1423, S09X1520.Supreme Court of Georgia. DECIDED NOVEMBER 2, 2009. MELTON, Justice. This is the second appearance of this case in this court. In State v. Folsom, 285 Ga. 11 (673 SE2d 210) (2009), we set forth the facts of this case as follows: Kenneth […]

162 S.E.2d 409 SPIVEY v. GETZ EXTERMINATORS, INC. 24696.Supreme Court of Georgia.ARGUED JUNE 10, 1968. DECIDED JUNE 20, 1968. UNDERCOFLER, Justice. Getz Exterminators, Inc. filed suit against R. Jack Spivey for the alleged violation of an employment contract entered into between the parties. The petition alleges that the defendant was employed as pest control manager […]

416 S.E.2d 512 FISHER v. FREDRICKSON. S92A0428.Supreme Court of Georgia. DECIDED MAY 21, 1992. BELL, Justice. The parties in this case were married in 1967, and were divorced in 1987. The judgment and decree of divorce incorporated a settlement agreement that in part provides that appellant would pay to [appellee] one-half … of his [military] […]

133 S.E.2d 374 PEARLE OPTICAL OF MONROEVILLE, INC. et al. v. STATE BOARD OF EXAMINERS IN OPTOMETRY. 22109.Supreme Court of Georgia.ARGUED JULY 9, 1963. DECIDED OCTOBER 10, 1963. REHEARING DENIED NOVEMBER 7, 1963. 1. The issue in the instant case turns upon whether optometry is a learned profession vitally affecting the public health. 2. Optometry […]

493 S.E.2d 146 QUARTERMAN v. QUARTERMAN, EXR. S97A0999.Supreme Court of Georgia. DECIDED NOVEMBER 24, 1997 — RECONSIDERATION DENIED DECEMBER 19, 1997. HINES, Justice. This appeal is from the probate court’s grant of summary judgment to the propounder of a will on all issues raised in the caveat. For the reasons which follow, we affirm. Helen […]

238 S.E.2d 238 BUCKLEY v. BUCKLEY. 32321.Supreme Court of Georgia.SUBMITTED MAY 20, 1977. DECIDED SEPTEMBER 6, 1977. HALL, Justice. This is an appeal from a judgment of the Superior Court of Monroe County holding appellant-wife in contempt of the property division portion of the parties’ Page 434 divorce decree. In pertinent part, the verdict of […]

388 S.E.2d 688 GILLESPIE v. GILLESPIE. S90A0182.Supreme Court of Georgia. DECIDED FEBRUARY 28, 1990. BENHAM, Justice. We granted the application for discretionary appeal in this case to consider whether the trial court erred in awarding a one-half interest in certain real estate to the wife. The judgment entered by the trial court did not specify […]

275 S.E.2d 62 THE STATE v. WILLIAMS. 36848.Supreme Court of Georgia. DECIDED FEBRUARY 25, 1981. PER CURIAM. The Bibb County Grand Jury returned an indictment against the appellee-defendant, Barbara Jean Williams, on October 30, 1979. Count 4 of the indictment charged the offense of murder and alleged the following facts in support thereof: On or […]

561 S.E.2d 67 MEREDITH v. ATLANTA INTERMODAL RAIL SERVICES et al. S02A0167.Supreme Court of Georgia. DECIDED: FEBRUARY 25, 2002. FLETCHER, Chief Justice. In this workers’ compensation case, the employer filed a notice to controvert the employee’s claim more than 21 days after learning about the injury. We granted certiorari to consider whether the employer was […]

74 S.E.2d 867 EALY et al. v. TOLBERT. 18057.Supreme Court of Georgia.ARGUED JANUARY 13, 1953. DECIDED FEBRUARY 24, 1953. ALMAND, Justice. Bessie Tolbert, individually and as executrix of the last will and testament of Nelson Tolbert, brought an equitable petition against Clarence Ealy and Mattie Louise Ealy, in which she in substance alleged: She was […]

174 S.E.2d 425 FLANIGEN et al. v. PREFERRED DEVELOPMENT CORPORATION. 25679.Supreme Court of Georgia.ARGUED MARCH 11, 1970. DECIDED APRIL 9, 1970. UNDERCOFLER, Justice. This appeal is from a judgment declaring that the Mayor of the City of Atlanta has no authority to veto a zoning ordinance adopted by the Board of Aldermen of the City […]

277 S.E.2d 503 FAIN v. THURMAN. 37381.Supreme Court of Georgia. DECIDED APRIL 30, 1981. REHEARING DENIED MAY 13, 1981. MARSHALL, Justice. The trial court denied the appellant’s petition for habeas corpus in an extradition proceeding. Page 570 We have carefully examined the record and find that the extradition documents are in order, the appellant is […]

261 S.E.2d 577 HARRISON v. SPEIDEL. 35317.Supreme Court of Georgia.SUBMITTED AUGUST 30, 1979. DECIDED OCTOBER 16, 1979. REHEARING DENIED NOVEMBER 6, 1979. MARSHALL, Justice. Harrison, the former husband, filed a petition for declaratory judgment in the DeKalb Superior Court, seeking to clarify certain provisions of the parties’ settlement agreement relating to his liability for payment […]

611 S.E.2d 9 NIXON v. THE STATE. S05A0267.Supreme Court of Georgia. DECIDED MARCH 28, 2005. HUNSTEIN, Justice. Marshall Leon Nixon was convicted of malice murder in the shooting death of Richard Griffin. He appeals from the denial of his motion for new trial[1] asserting that he received ineffective assistance of trial counsel. Finding no error, […]

179 S.E.2d 257 TANKSLEY v. FOSTER et al. 26008.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1970. DECIDED JANUARY 8, 1971. HAWES, Justice. This is a proceeding in the nature of quo warranto, and a petition for injunction to test the right of the four defendants named in the complaint to hold office and exercise power and […]

583 S.E.2d 38 COLLINS et al. v. WINTER et al. S03A0393.Supreme Court of Georgia. Decided June 30, 2003 FLETCHER, Chief Justice. This appeal arises out of a breach of trust claim brought by beneficiaries of a trust, James and Archie Collins, against the trustee Alan Winter. The parties resolved by agreement all issues relating to […]

455 S.E.2d 61 MOBLEY v. THE STATE. S94P1271.Supreme Court of Georgia. DECIDED MARCH 17, 1995. FLETCHER, Justice. Stephen Anthony Mobley was convicted of murder, armed robbery, aggravated assault, and possession of a firearm during the commission of a crime. The jury recommended the death penalty for the murder, finding the aggravating circumstance of armed robbery. […]

494 S.E.2d 651 BODDIE v. THE STATE. S97A1760.Supreme Court of Georgia. DECIDED JANUARY 26, 1998. HINES, Justice. Robert Lee Boddie appeals his conviction for malice murder in connection with the fatal shooting of 17-year-old Marcus Anderson.[1] Boddie contends that the State was improperly allowed to place his character into evidence, to impeach or bolster the […]

250 S.E.2d 470 McKINNEY v. McKINNEY. 34212.Supreme Court of Georgia.SUBMITTED NOVEMBER 3, 1978. DECIDED NOVEMBER 22, 1978. HILL, Justice. Plaintiff filed suit in 1978 seeking an annulment of her “marriage” entered into by ceremony in 1974 and praying that she be reimbursed for certain debts. The defendant did not answer until after a trial at […]

227 S.E.2d 38 KAPLAN v. SANDERS. 30851.Supreme Court of Georgia.ARGUED APRIL 13, 1976. DECIDED JUNE 23, 1976. JORDAN, Justice. Certiorari was granted in this case to review the rulings of the Court of Appeals in regard to the issue of punitive damages in the first counterclaim of the tenant Sanders to the dispossessory warrant proceeding […]

43 S.E.2d 545 CONE et al. v. JOHNSTON, executor, et al. 15885.Supreme Court of Georgia. JULY 10, 1947. The verdict of the jury in this case was the only legal verdict which could have been rendered. No. 15885. JULY 10, 1947. Probate of will. Before Judge Renfroe. Bulloch Superior Court. April 10, 1947. On November […]

646 S.E.2d 207 BLOOMFIELD v. BLOOMFIELD. No. S07F0096.Supreme Court of Georgia. DECIDED JUNE 4, 2007. MELTON, Justice. Following a bench trial, Mark C. Bloomfield (Husband) and Susan W. Bloomfield (Wife) were divorced pursuant to a final judgment and decree entered on May 1, 2006, nunc pro tunc to March 10, 2006. Husband now appeals, contending, […]

264 S.E.2d 1 HIGHSMITH v. CLARK. 35595.Supreme Court of Georgia.SUBMITTED NOVEMBER 9, 1979. DECIDED JANUARY 8, 1980. REHEARING DENIED FEBRUARY 5, 1980. UNDERCOFLER, Presiding Justice. A quo warranto action was filed by Randall Clark, individually and as Chairman of the Republican Party of Glynn County, challenging the right of Eugene Highsmith to hold the office […]

262 S.E.2d 143 JONES v. CROSBY. 35549.Supreme Court of Georgia.ARGUED NOVEMBER 19, 1979. DECIDED DECEMBER 5, 1979. REHEARING DENIED DECEMBER 20, 1979. BOWLES, Justice. Irene Crosby, plaintiff below, appellee here, filed her suit in equity against Eula Jones, defendant below, appellant here, in which she prayed for an accounting of the proceeds of certain timber […]

84 S.E.2d 15 WILLIAMSON v. YAKUPIAN et al. 18699.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1954. DECIDED OCTOBER 11, 1954. MOBLEY, Justice. The purported brief of the evidence consists of 126 pages of questions and answers; and, with the exception of 6 pages of documentary evidence, practically every page includes either motions to rule out evidence, […]

190 S.E.2d 58 STARR v. THE STATE. 27080.Supreme Court of Georgia.ARGUED MARCH 15, 1972. DECIDED MAY 19, 1972. HAWES, Justice. Kidd Starr was jointly indicted with Willie L. Cameron and Ralph High for the offense of armed robbery. High pled guilty, and Starr and Cameron were tried jointly. The jury convicted Starr but was unable […]

442 S.E.2d 457 LEAVITT v. THE STATE. S94A0731.Supreme Court of Georgia. DECIDED MAY 9, 1994. CARLEY, Justice. Appellant was tried before a jury and found guilty of the felony murder of his wife, the underlying felony being aggravated assault. His motion for new trial was denied and he appeals from the judgment of conviction and […]

98 S.E.2d 374 STEPHENSON v. FUTCH, Sheriff, et al. 19658.Supreme Court of Georgia.ARGUED APRIL 8, 1957. DECIDED MAY 14, 1957. WYATT, Presiding Justice. Willie Woodrow Stephenson, Jr., filed a petition for the writ of habeas corpus in the Superior Court of Lowndes County against J. L. Futch, Sheriff of Lowndes County, and J. B. Edwards, […]

469 S.E.2d 33 AVERA v. AVERA S96A0365Supreme Court of Georgia. DECIDED APRIL 8, 1996 PER CURIAM. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur. Equity. Glynn County Superior. Before E. M. Wilkes, III. Wallace E. Harrell, Charles G. Spalding, GILBERT, HARRELL, GILBERT, SUMERFORD ETC., for appellant. Robert P. Killian, LISSNER, KILLIAN, […]

35 S.E.2d 440 BUFFINGTON v. CARTER et al. 15238.Supreme Court of Georgia. SEPTEMBER 5, 1945. REHEARING DENIED OCTOBER 5, 1945. 1. The evidence was sufficient to authorize the verdict. 2. The description of the property sought to be recovered was sufficient. 3. There was no error in denying the motion for a judgment non obstante […]

246 S.E.2d 183 WACHOVIA MORTGAGE COMPANY v. DEKALB COUNTY. 33401.Supreme Court of Georgia.ARGUED MARCH 15, 1978. DECIDED JUNE 27, 1978. BOWLES, Justice. This case was before the Superior Court of DeKalb County on cross motions for summary judgment subsequent to the stipulation of all material facts by the parties. The appellant, Wachovia Mortgage Company, appeals […]

706 S.E.2d 425 SMILEY v. THE STATE. No. S10A1701.Supreme Court of Georgia. DECIDED FEBRUAEY 28, 2011. HINES, Justice. Following the denial of an amended motion for new trial, George Smiley appeals his conviction for malice murder in connection with the fatal shooting of Samuel Williams. Smiley’s sole claim is that his trial counsel was ineffective. […]

659 S.E.2d 346 FORD MOTOR COMPANY v. GIBSON et al. DRAW-TITE, INC. v. GIBSON et al. GIBSON et al. v. DRAW-TITE, INC. GIBSON et al. v. FORD MOTOR COMPANY. Nos. S07A1365. S07A1367. S07X1368. S07X1389.Supreme Court of Georgia. DECIDED MARCH 28, 2008. RECONSIDERATION DENIED APRIL 11, 2008. MELTON, Justice. These multiple appeals arise from a jury […]

143 S.E.2d 647 KEAPPLER et al. v. MILLER et al. 22982.Supreme Court of Georgia.ARGUED JUNE 15, 1965. DECIDED JULY 8, 1965. MOBLEY, Justice. 1. “Specific performance is not a remedy which either party can demand as a matter of absolute right, and will not in any given case be granted unless strictly equitable and just. […]

592 S.E.2d 853 IN THE MATTER OF CHRISTINE M. STADLER. S04Y0725.Supreme Court of Georgia. DECIDED FEBRUARY 16, 2004. PER CURIAM. This disciplinary matter is before the Court pursuant to the Report and Recommendation of a special master who recommends accepting Respondent Christine M. Stadler’s second petition for voluntary discipline which she filed pursuant to Bar […]

232 S.E.2d 61 HARMS v. ADAMS et al. 31714.Supreme Court of Georgia.ARGUED NOVEMBER 23, 1976. DECIDED JANUARY 6, 1977. HILL, Justice. This is an appeal from the grant of a motion for summary judgment. Appellant John K. Harms, a citizen of Union City acting pro se, brought suit against the Mayor of Union City, the […]

128 S.E.2d 200 SOUTHERN CEMETERY CONSULTANTS, INC. v. PEACHTREE MEMORIAL PARK, INC. et al. 21747.Supreme Court of Georgia.ARGUED SEPTEMBER 10, 1962. DECIDED OCTOBER 1, 1962. REHEARING DENIED OCTOBER 10, 1962. CANDLER, Justice. Southern Cemetery Consultants, Inc., on May 26, 1961, filed a suit in the City Court of Gwinnett County against Peachtree Memorial Park, Inc. […]

244 S.E.2d 862 HILL v. HILL. 33137.Supreme Court of Georgia.ARGUED MARCH 13, 1978. DECIDED APRIL 18, 1978. NICHOLS, Chief Justice. Certiorari was granted to review the decision of the Court of Appeals in Hill v. Hill, 143 Ga. App. 549 (239 S.E.2d 154) (1977). The judgment of the Court of Appeals is reversed. The tenant […]

311 S.E.2d 168 DAVIS v. BROWNING et al. STATE FARM FIRE CASUALTY COMPANY v. BROWNING et al. 40206, 40221.Supreme Court of Georgia. DECIDED JANUARY 18, 1984. PER CURIAM. Upon consideration, we conclude that, for legal purposes, this case and Liberty Nat. Life Ins. Co. v. Houk, 248 Ga. 111 (2) (281 S.E.2d 583) (1981), are […]

290 S.E.2d 54 HAMMOND et al. v. PAUL. 38406.Supreme Court of Georgia. DECIDED APRIL 6, 1982. WELTNER, Justice. H. D. Hammond, individually and as executor under the will of E. J. Hammond, deceased, and Eunice Clark Hammond brought this action to set aside a lease of real property and farm equipment entered into by the […]

295 S.E.2d 321 NORRIS v. THE STATE. 38710.Supreme Court of Georgia. DECIDED OCTOBER 5, 1982. REHEARING DENIED OCTOBER 19, 1982. WELTNER, Justice. Marie A. C. Norris was indicted for shooting and killing her husband, Lieutenant Colonel Jimmy R. Norris, with a handgun. She appeals from her subsequent conviction of murder and sentence to life imprisonment. […]

9 S.E.2d 662 HOCH v. CANDLER, commissioner, et al. 13239.Supreme Court of Georgia. MAY 17, 1940. REHEARING DENIED JUNE 14, 1940. 1. A petition by a landowner to enjoin alleged joint trespasses by a resident of the county and others who do not reside in the county is not subject to demurrer as showing that […]

44 S.E.2d 543 GLENS FALLS INDEMNITY CO. et al. v. LIBERTY MUTUAL INSURANCE CO. 15907.Supreme Court of Georgia. SEPTEMBER 5, 1947. REHEARING DENIED OCTOBER 17, 1947. 1. The petitioner, a compensation-insurance carrier, voluntarily entered into an agreement with the employer and the injured employee, by which the petitioner agreed that the injury was covered by […]

33 S.E.2d 314 LYONS v. BLOODWORTH et al. 15094.Supreme Court of Georgia. MARCH 6, 1945. 1. Where a will cannot be found after the death of the testator, there is a strong presumption that it was destroyed or revoked by the testator, and this presumption stands in the place of positive proof; and one who […]

396 S.E.2d 225 EMANUEL et al. v. THE STATE. S90G0951.Supreme Court of Georgia. DECIDED SEPTEMBER 27, 1990. PER CURIAM. We granted certiorari to the Court of Appeals in Emanuel v. State, 195 Ga. App. 302 (393 S.E.2d 74) (1990), upon this inquiry: “Whether [appellants’] motion for directed verdict on the issue of entrapment should have […]

230 S.E.2d 841 TUKES v. THE STATE. 31410.Supreme Court of Georgia.ARGUED SEPTEMBER 20, 1976. DECIDED OCTOBER 26, 1976. REHEARING DENIED NOVEMBER 24, 1976. UNDERCOFLER, Presiding Justice. Tukes was convicted of murder. He was sentenced to life imprisonment. He appeals. Evidence was introduced to show Carl Tukes and a companion, Ricky Burdette, on March 25, 1975, […]

522 S.E.2d 466 BROWN v. LIBERTY COUNTY et al. S99A1451.Supreme Court of Georgia. DECIDED: OCTOBER 18, 1999 CARLEY, Justice. Article IX, Section I, Paragraph III(b) of the Georgia Constitution of 1983 provides that a county tax commissioner may be compensated “on a fee basis, salary basis, or fee basis supplemented by salary, in such manner […]

668 S.E.2d 700 JACKSON v. THE STATE. No. S08A0779.Supreme Court of Georgia. DECIDED OCTOBER 27, 2008. HINES, Justice. Kenny Lashawn Jackson appeals his convictions for felony murder, armed robbery, and burglary, all in connection with the death of Tamarcus Jordan. For the reasons that follow, we affirm.[1] Construed to support the verdicts, the evidence showed […]

674 S.E.2d 255 BASS v. THE STATE. No. S08G0592.Supreme Court of Georgia. DECIDED JANUARY 26, 2009. RECONSIDERATION DENIED MARCH 9, 2009. HUNSTEIN, Presiding Justice. We granted a writ of certiorari to address whether the Court of Appeals correctly analyzed the ineffective assistance of counsel claim made by appellant Ronald Bass based on defense counsel’s failure […]

99 S.E.2d 144 FOUNTAIN v. GEORGIA MARBLE COMPANY et al. 19665.Supreme Court of Georgia.ARGUED MAY 13, 1957. DECIDED JUNE 12, 1957. MOBLEY, Justice. Certiorari was granted in the instant case and in Royal Indemnity Co. v. Coulter, 213 Ga. 277 because of a conflict in the decisions of the Court of Appeals as to what […]

386 S.E.2d 144 FAIN v. THE STATE. 46636.Supreme Court of Georgia. DECIDED DECEMBER 5, 1989. RECONSIDERATION DENIED DECEMBER 20, 1989. BELL, Justice. The appellant, Joseph Leland Fain, appeals his conviction and sentence for the malice murder of his wife, Janice D. Fain, and the possession of a firearm by a convicted felon. We affirm in […]

229 S.E.2d 445 ROGERS et al. v. ROOTH. 31494.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1976. DECIDED OCTOBER 5, 1976. HALL, Justice. This is an appeal from a summary judgment in favor of appellee, Ann Rogers Rooth, regarding the construction of a will. The trial court held that the will violates the rule against perpetuities and […]

34 S.E.2d 443 GILBERT HOTEL No. 4 INC. v. JONES. 15172.Supreme Court of Georgia. JUNE 5, 1945. DUCKWORTH, Justice. The petition shows that the petitioner was the lessee of a hotel for a period of ten years under a lease contract reciting that the lessee was prohibited from subleasing the premises. This contract was attached […]

434 S.E.2d 459 HOPKINS v. THE STATE. S93A0824.Supreme Court of Georgia. DECIDED SEPTEMBER 20, 1993. SEARS-COLLINS, Justice. The appellant, David Hopkins, was found guilty of the felony murder of his ex-wife and sentenced to life in prison.[1] On appeal Hopkins raises numerous issues that he contends warrants reversal of his conviction. We find no error […]

45 S.E.2d 192 ERWIN et al., administrators, v. MILLER et al. 15933.Supreme Court of Georgia. OCTOBER 14, 1947. REHEARING DENIED NOVEMBER 14, 1947. 1. While a devise of land under a duly probated will is such color of title as will ripen into title by prescription after adverse possession in good faith for a period […]

48 S.E.2d 373 DEICH v. REEVES. 16151.Supreme Court of Georgia. MAY 13, 1948. 1. For reasons hereinafter set forth in the first division of the opinion, the petition as amended, in the instant action for specific performance of a written option to purchase certain realty, was not subject to general Page 597 demurrer on the […]

222 S.E.2d 351 SMITH v. GARNER et al. 30492.Supreme Court of Georgia.ARGUED NOVEMBER 12, 1975. DECIDED JANUARY 7, 1976. REHEARING DENIED JANUARY 27, 1976. INGRAM, Justice. The Superior Court of Floyd County granted a summary judgment, on motion of the State Board of Corrections, denying habeas corpus relief to appellant and this court granted an […]

156 S.E.2d 84 WILCOX v. WILCOX. 24055.Supreme Court of Georgia.ARGUED MAY 8, 1967. DECIDED JUNE 8, 1967. FRANKUM, Justice. The notice of appeal in this case was filed in the office of the Clerk of the Superior Court of Jeff Davis County October 23, 1965. The transcript of the evidence was filed June 4, 1966. […]

49 S.E.2d 804 BOARD OF EDUCATION OF CANDLER COUNTY v. FRANKLIN. FRANKLIN v. BOARD OF EDUCATION OF CANDLER COUNTY et al. 16314, 16341.Supreme Court of Georgia. SEPTEMBER 14, 1948. REHEARING DENIED OCTOBER 13, 1948. Where a lender bank recovered judgments and executions against a local school district for money which was borrowed and used for […]

227 S.E.2d 230 CROWDER v. THE STATE. 30858.Supreme Court of Georgia.ARGUED MARCH 9, 1976. DECIDED JUNE 29, 1976. HILL, Justice. Defendant Claude Thomas Crowder, Claude Berry, and Ava Johnson were indicted on November 12, 1974, for the murder of Ruth Park Crowder, the defendant’s wife. Mrs. Crowder was found on May 28, 1974, in bed, […]

248 S.E.2d 670 FULTON COUNTY SCHOOL DISTRICT et al. v. SANDERS et al.; and vice versa. 33967, 33970.Supreme Court of Georgia.SUBMITTED SEPTEMBER 1, 1978. DECIDED OCTOBER 3, 1978. NICHOLS, Chief Justice. Under the equal protection clauses of the State and Federal Constitutions, Miss Sanders, a school teacher, Page 299 challenges the decision of her employer, […]

163 S.E.2d 917 HENDRIX v. HENDRIX. 24774.Supreme Court of Georgia.SUBMITTED SEPTEMBER 9, 1968. DECIDED OCTOBER 10, 1968. UNDERCOFLER, Justice. This is an appeal from an action for divorce and alimony raising questions as to the division of the parties’ property. The petition alleged that the plaintiff and the defendant jointly owned the household furniture and […]

413 S.E.2d 732 ANDERSON v. THE STATE. S91G1155.Supreme Court of Georgia. DECIDED FEBRUARY 28, 1992. WELTNER, Presiding Justice. We granted certiorari in this case, Anderson v. State, 199 Ga. App. 595 (405 S.E.2d 504) (1991), to consider two issues: the charge to the jury and the submission to the jury of written jury instructions. 1. […]

580 S.E.2d 215 PIEDMONT HOSPITAL, INC. v. PALLADINO et al. S02G1036.Supreme Court of Georgia. Decided: April 29, 2003 SEARS, Presiding Justice. In this suit alleging an employer’s liability under the theory of respondeat superior, the Court of Appeals reversed the trial court’s grant of summary judgment to the employer hospital, finding that even though the […]

286 S.E.2d 297 PURITAN/CHURCHILL CHEMICAL COMPANY v. McDANIEL et al. 38019.Supreme Court of Georgia. DECIDED JANUARY 20, 1982. REHEARING DENIED FEBRUARY 3, 1982. WELTNER, Justice. Puritan/Churchill Chemical Company sought to enforce its employment contract against former employee, Ronald L. McDaniel, but was denied injunctive relief on the basis that its restrictive covenants were unreasonable and […]

100 S.E.2d 460 STRICKLAND v. STRICKLAND. 19826.Supreme Court of Georgia.ARGUED SEPTEMBER 10, 1957. DECIDED OCTOBER 15, 1957. CANDLER, Justice. In this litigation the jury granted a divorce to each of the parties. In due time the defendant moved for a new trial and later amended her motion by adding five special grounds. Her amended motion […]

544 S.E.2d 120 COLWELL v. THE STATE S00P1959Supreme Court of Georgia. DECIDED: MARCH 2, 2001. BENHAM, Chief Justice. In 1996, Daniel Morris Colwell was charged with numerous offenses arising out of the fatal shootings of Judith and Mitchell Bell in a Sumter County store parking lot. Immediately after a jury found Colwell competent to stand […]

39 S.E.2d 473 DADE COUNTY et al. v. STATE OF GEORGIA et al. 15562.Supreme Court of Georgia. SEPTEMBER 5, 1946. 1. It is always the duty of this court, with or without motion, to consider the question of its jurisdiction in all cases in which there may be any doubt as to the existence of […]

102 S.E.2d 548 GUNBY et al., Commrs., v. YATES, Ordinary. 19992.Supreme Court of Georgia.ARGUED FEBRUARY 10, 1958. DECIDED MARCH 7, 1958. Section 8 of the act of 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 362) as amended by the act of 1955 (Ga. L. 1955, p. 645), which provides that county ordinaries on the sale […]

293 S.E.2d 346 HOWARD v. CENTRAL OF GEORGIA RAILROAD COMPANY. 38626.Supreme Court of Georgia. DECIDED JULY 8, 1982. REHEARING DENIED JULY 22, 1982. PER CURIAM. 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, except […]

349 S.E.2d 184 LIFE FOR GOD’S STRAY ANIMALS, INC. et al. v. NEW NORTH ROCKDALE COUNTY HOMEOWNERS ASSOCIATION et al. (two cases). 43739, 43815.Supreme Court of Georgia. DECIDED OCTOBER 22, 1986. BELL, Justice. These appeals are the latest in a series of seven appeals[1] arising from a controversy in which neighboring landowners of an animal […]

334 S.E.2d 158 LARKIN et al. v. LASTER et al. 42017.Supreme Court of Georgia. DECIDED SEPTEMBER 5, 1985. REHEARING DENIED SEPTEMBER 25, 1985. SMITH, Justice. The appellant, Wendall C. Larkin, owned 367.94 acres of land in Grady County. The appellees, E. C. and Eugenia Laster, now deceased, owned a one-half interest in the mineral rights. […]

186 S.E.2d 738 LOCKE v. THE STATE. 26886.Supreme Court of Georgia.ARGUED DECEMBER 13, 1971. DECIDED JANUARY 6, 1972. NICHOLS, Justice. The defendant was tried and convicted of the offense of rape and sentenced to 8 years imprisonment. Thereafter, a motion for new trial was filed and the appeal states that such motion was overruled on […]

561 S.E.2d 113 CALLENDAR v. THE STATE. S01A1292.Supreme Court of Georgia. DECIDED: MARCH 11, 2002. THOMPSON, Justice. Defendant Brent Callendar was convicted of felony murder, two counts of aggravated assault, and two counts of criminal damage to property, in connection with a shootout at a package store.[1] He appeals, asserting, inter alia, that the trial […]

711 S.E.2d 682 FULTON COUNTY et al. v. ACTION OUTDOOR ADVERTISING, JV, LLC et al., CITY OF SANDY SPRINGS et al. v. ACTION OUTDOOR ADVERTISING, JV, LLC et al. Nos. S11A0023, S11AO101.Supreme Court of Georgia. DECIDED JUNE 13, 2011. THOMPSON, Justice. These related appeals concern the rights of certain sign companies to construct billboards in […]

543 S.E.2d 724 BATTLES v. THE STATE. S01A0112.Supreme Court of Georgia. DECIDED: MARCH 2, 2001 CARLEY, Justice. A jury found appellant Joseph Battles guilty of felony murder while in the commission of aggravated assault against Eric Williams, and the trial court sentenced him to life imprisonment. On direct appeal, this Court affirmed the conviction and […]

663 S.E.2d 213 LOCKHEART v. THE STATE. No. S08A0587.Supreme Court of Georgia. DECIDED JUNE 30, 2008. MELTON, Justice. Following a jury trial, Therron Lockheart was found guilty of murder, felony murder, and armed robbery in connection with the shooting death of Lucius Atkinson.[1] On appeal, Lockheart contends that the evidence was insufficient to sustain one […]

540 S.E.2d 599 WILLIAMS, Warden v. LAWRENCE. S00A1487.Supreme Court of Georgia. DECIDED: JANUARY 8, 2001. CARLEY, Justice. This Court previously reversed a murder conviction of Charles Lawrence, Sr. Lawrence v. State, 257 Ga. 423 (360 S.E.2d 716) (1987). On remand, Lawrence pled guilty to voluntary manslaughter and the trial court imposed a 20-year sentence. The […]

456 S.E.2d 211 IN THE MATTER OF DONALD T. ROBINSON. S95Y0334.Supreme Court of Georgia. DECIDED APRIL 10, 1995. PER CURIAM. The State Bar of Georgia filed a formal complaint against Respondent alleging violations of Standards 4 and 25 of Bar Rule 4-102 Page 349 (d) along with notice that the State Bar would ask the […]

591 S.E.2d 820 COLLINS v. THE STATE. S04A0122.Supreme Court of Georgia. DECIDED JANUARY 12, 2004. RECONSIDERATION DENIED FEBRUARY 13, 2004. BENHAM, Justice. Appellant Derrick Levert Collins was convicted in 1997 of malice murder and possession of a firearm during the commission of a crime, and his conviction was affirmed on appeal in Collins v. State, […]

520 S.E.2d 445 RIDGEVIEW INSTITUTE, INC. v. WINGATE. S98G1817.Supreme Court of Georgia. DECIDED: SEPTEMBER 13, 1999. HINES, Justice. Wingate sought treatment for alcoholism and voluntarily admitted himself into Ridgeview Institute. He then sought a discharge against his physician’s advice, and the physician initiated involuntary commitment proceedings; Wingate was later released. Ridgeview sued for payment for […]

28 S.E.2d 118 STROUP v. THE STATE. 14684.Supreme Court of Georgia. NOVEMBER 10, 1943. GRICE, Justice. 1. It was no valid objection to the introduction of a photograph of certain premises where a crime was alleged to have taken place, that the photograph was made on a date later than that on which, as alleged, […]

602 S.E.2d 617 SIMPSON v. THE STATE. S04A1059.Supreme Court of Georgia. DECIDED SEPTEMBER 13, 2004. CARLEY, Justice. Gary Simpson was convicted of three counts each of malice murder, aggravated assault and concealing a death. The trial court sentenced him to life imprisonment for the murders, and to consecutive 20- and 10-year terms for the remaining […]

334 S.E.2d 668 IN RE M. A. F. IN THE INTEREST OF M. A. F. Nos. 42128, 42129. No. 42171.Supreme Court of Georgia. DECIDED OCTOBER 1, 1985. SMITH, Justice. MAF is an eight-year-old, illegitimate child who has lived with and been loved and supported by the appellant since he was four weeks old. He was […]

479 S.E.2d 737 JAMES F. NELSON, JR. FAMILY LIMITED PARTNERSHIP ET AL. v. MILLER. S96A1912.Supreme Court of Georgia. DECIDED JANUARY 21, 1997. CARLEY, Justice. At issue in this case is a long-standing dispute over ownership of the mineral rights in a 269.5-acre tract located in Wilkinson County. The James F. Nelson, Jr. Family Limited Partnership […]

282 S.E.2d 642 MILTON v. THE STATE. 37567.Supreme Court of Georgia. DECIDED SEPTEMBER 23, 1981. HILL, Presiding Justice. Clyde Milton and Theodore Grant were indicted and convicted for first degree arson and murder. Defendants received life sentences on the murder convictions and five years on the arson convictions, to be served consecutively. Defendant Milton’s motion […]

281 S.E.2d 594 VAUGHN v. THE STATE. 37556.Supreme Court of Georgia. DECIDED SEPTEMBER 9, 1981. GREGORY, Justice. Appellant, Junior Vaughn, was convicted of the murder of Ray Gene Oglesby. The State sought the death penalty but the jury recommended life imprisonment. In this appeal Vaughn contends that his written confession was improperly admitted over his […]

136 S.E.2d 757 RESTHAVEN MEMORIAL GARDENS, INC. v. MOODY et al. 22432.Supreme Court of Georgia.ARGUED APRIL 14, 1964. DECIDED MAY 7, 1964. The petition stated a cause of action for injunctive relief to prevent a repetition of the wrong committed by the defendant in burying some person in the cemetery lot wherein the petitioners owned […]

33 S.E.2d 95 ELLIOTT v. ROBINSON et al. 14966.Supreme Court of Georgia. FEBRUARY 7, 1945. BELL, Chief Justice. 1. This is the second appearance of the instant ejectment case. In the former decision, it was held that the undisputed evidence showed that the plaintiff had acquired prescriptive title by adverse possession under color of title […]

90 S.E.2d 581 CONNOR v. CONNOR. 19137.Supreme Court of Georgia.ARGUED OCTOBER 10, 1955. DECIDED NOVEMBER 15, 1955. The judgment of the court below denying the motion to modify and set aside the decree of divorce in the instant case was error. ARGUED OCTOBER 10, 1955 — DECIDED NOVEMBER 15, 1955. Divorce. Before Judge Carpenter. Baldwin […]

158 S.E.2d 231 BOSSON v. BOSSON. 24353.Supreme Court of Georgia.ARGUED NOVEMBER 13, 1967. DECIDED NOVEMBER 22, 1967. The judgment awarding custody of the minor children to the father and establishing visitation rights of the mother was supported by the evidence and hence was not an abuse of discretion. ARGUED NOVEMBER 13, 1967 — DECIDED NOVEMBER […]

509 S.E.2d 913 DEHART et al. v. LIBERTY MUTUAL INSURANCE COMPANY. S98Q0715.Supreme Court of Georgia. DECIDED DECEMBER 4, 1998 — RECONSIDERATION DENIED DECEMBER 18, 1998. FLETCHER, Presiding Justice. Craig and Jeannie DeHart filed this action in federal court seeking a declaration that a liability insurance policy issued by Liberty Mutual Insurance Company was in effect […]

88 S.E.2d 411 BOYD v. SUMMER, guardian. 18986.Supreme Court of Georgia.SUBMITTED JUNE 13, 1955. DECIDED JULY 11, 1955. HAWKINS, Justice. This is the second appearance of this case in this court. For a statement of the nature of the case, see Summer v. Boyd, 208 Ga. 207 (66 S.E.2d 51). On the second trial a […]

48 S.E.2d 855 MORRIS et al. v. CITY COUNCIL OF AUGUSTA et al. 16234.Supreme Court of Georgia. JULY 14, 1948. 1. The trial court did not err in denying the motion to dismiss the answer, which was entirely responsive to the allegations of the petition. 2. While a stranger without any interest needing protection in […]

183 S.E.2d 367 DeKALB COUNTY v. BROWN BUILDERS COMPANY, INC. et al. 26554.Supreme Court of Georgia.ARGUED JUNE 14, 1971. DECIDED JULY 9, 1971. UNDERCOFLER, Justice. This appeal is from a judgment of the trial court holding the following DeKalb County ordinance unconstitutional and permanently enjoining its enforcement: “No plat of subdivisions shall be approved and […]

61 S.E.2d 836 GAMBLE, administrator, v. GAMBLE, et al. 17251.Supreme Court of Georgia.OCTOBER 9, 1950. REHEARING DENIED NOVEMBER 15, 1950. DUCKWORTH, Chief Justice. 1. This is the third appearance of this case in the Supreme Court, the previous appearances being reported in Gamble v. Gamble, 193 Ga. 591 (19 S.E.2d 276), and in Gamble v. […]

521 S.E.2d 190 ALLEN v. THE STATE. S99A1308.Supreme Court of Georgia. DECIDED: SEPTEMBER 20, 1999. HUNSTEIN, Justice. Appellant Amanda Allen was convicted of malice murder and felony murder and sentenced to life imprisonment.[1] She appeals from her conviction and the denial of her motion for new trial claiming ineffective assistance of counsel and error in […]

7 S.E.2d 394 MOORE, commissioner, v. WHALEY et al. 13090.Supreme Court of Georgia. FEBRUARY 15, 1940. 1. The General Assembly had authority under the constitution to effect a pro tanto repeal of a general law in reference to county commissioners, such as that contained in the Code, §§ 23-1713, 23-1714, by making the provisions of […]

396 S.E.2d 226 EVANS v. THE STATE. S90A1114.Supreme Court of Georgia. DECIDED SEPTEMBER 27, 1990. CLARKE, Chief Justice. Johnnie Evans was convicted of malice murder and sentenced to life imprisonment. He appeals, asserting only that the evidence produced at trial does not support the verdict. We conclude that the evidence amply supports the verdict and […]