Category: Georgia Supreme Court Opinions

468 S.E.2d 188 CHRISTENSEN v. THE STATE S95A1586Supreme Court of Georgia. DECIDED MARCH 11, 1996 RECONSIDERATION DENIED MARCH 28, 1996. THOMPSON, Justice. L. Chris Christensen was convicted by a jury of solicitation of sodomy, OCGA § 16-6-15(a),[1] a misdemeanor, and he was sentenced to probation for a term of 12 months. He challenges the constitutionality […]

267 S.E.2d 8 GILLIAM v. THE STATE. 35683.Supreme Court of Georgia.SUBMITTED DECEMBER 7, 1979. DECIDED APRIL 9, 1980. REHEARING DENIED APRIL 29, 1980. NICHOLS, Justice. After grant by the trial court of a motion for out-of-time appeal, Cleveland Gilliam appeals his conviction for the armed robbery and murder of Richard Lee Range. He was indicted […]

525 S.E.2d 87 PULLIN v. DORSEY. S99A1546.Supreme Court of Georgia. DECIDED: JANUARY 18, 2000 BENHAM, Chief Justice. Arrested for the murder of his former wife, Pullin was incarcerated for more than 90 days without being indicted. After a hearing pursuant to OCGA § 17-7-50, he was granted bail in the amount of $100,000, which he […]

283 S.E.2d 898 CALDWELL v. LIBERTY MUTUAL INSURANCE COMPANY et al.; and vice versa. 37386, 37449.Supreme Court of Georgia. DECIDED OCTOBER 8, 1981. CLARKE, Justice. This case deals with the rate setting procedures of the insurance commissioner’s office relative to worker’s compensation insurance premiums. Page 283 The issues before the court on appeal and cross […]

98 S.E.2d 547 BRIDGMAN v. ELDERS et al. 19682.Supreme Court of Georgia.SUBMITTED APRIL 9, 1957. DECIDED MAY 14, 1957. WYATT, Presiding Justice. Foy F. Bridgman filed a habeas corpus proceeding against Tennyson Elders for the custody and control of Barbara Jean Bridgman, who is now thirteen years of age and who is the daughter of […]

598 S.E.2d 448 THURMAN et al. v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al. S03G1102.Supreme Court of Georgia. DECIDED JUNE 7, 2004. BENHAM, Justice. Gail Thurman, a postal carrier for the United States Postal Service, was injured on the job when her postal truck was struck by a vehicle driven by appellee Mamie Brown. […]

335 S.E.2d 872 IN THE MATTER OF DAVID L. HILL. IN THE MATTER OF ROBERT L. SCHWIND. SUPREME COURT DISCIPLINARY NO. 449 SUPREME COURT DISCIPLINARY NO. 450Supreme Court of Georgia. DECIDED SEPTEMBER 5, 1985. PER CURIAM. David L. Hill and Robert L. Schwind were indicted by a United States Grand Jury for two counts of […]

311 S.E.2d 448 IN THE MATTER OF CORN. SUPREME COURT DISCIPLINARY NO. 318Supreme Court of Georgia. DECIDED JANUARY 25, 1984. PER CURIAM. The conduct of attorney Charles T. Corn in this case is similar to that in the preceding case (In the matter of Corn, Supreme Court Disciplinary No. 317). In this case, after Corn […]

254 S.E.2d 846 ROCKDALE COUNTY et al. v. MITCHELL’S USED AUTO PARTS, INC. et al. 34558.Supreme Court of Georgia.ARGUED FEBRUARY 20, 1979. DECIDED APRIL 5, 1979. HALL, Justice. In 1978 a suit was brought by numerous Rockdale County business concerns challenging the constitutionality of a newly-enacted county ordinance requiring a fence and buffer space around […]

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. […]

61 S.E.2d 462 PATTERSON v. THE STATE. 17246.Supreme Court of Georgia. OCTOBER 11, 1950. 1. The affidavits of the defendant and his counsel failed to show the exercise of ordinary diligence to discover the alleged “newly discovered evidence” prior to the time of the trial. 2. It was not reversible error for the trial judge […]

22 S.E.2d 847 GRAY et al. v. JUNCTION CITY MANUFACTURING CO. 14346.Supreme Court of Georgia. NOVEMBER 17, 1942. 1. A ground of a motion for new trial must be unconditionally approved by the trial judge; and where, as here, to special grounds 1 and 3 the judge appends qualifying notes which refer to the general […]

200 S.E.2d 888 PAINTER v. PAINTER. 28114.Supreme Court of Georgia.SUBMITTED JULY 20, 1973. DECIDED OCTOBER 4, 1973. INGRAM, Justice. The appellee wife filed a complaint in the Superior Court of Whitfield County against the appellant husband which she designated as a complaint for child support and child custody. She did not seek a divorce and, […]

413 S.E.2d 448 YIZAR v. THE STATE (two cases). S91A1487, S91A1489.Supreme Court of Georgia. DECIDED FEBRUARY 20, 1992. RECONSIDERATION DENIED MARCH 12, 1992. HUNT, Justice. Marvin Yizar shot and killed Julius Iteld with a handgun. He was convicted of malice murder and sentenced to life in prison.[1] 1. We have reviewed the evidence in the […]

368 S.E.2d 500 GEORGIA INSURERS INSOLVENCY POOL v. ELBERT COUNTY, GEORGIA et al. 45531.Supreme Court of Georgia. DECIDED JUNE 1, 1988. RECONSIDERATION DENIED JUNE 14, 1988. GREGORY, Justice. A hailstorm damaged the Elbert County courthouse, and the county filed a claim with its insurer. When the insurer was adjudged insolvent, the county filed a claim […]

378 S.E.2d 122 BUFFINGTON et al. v. CHILDERS et al. 46276.Supreme Court of Georgia. DECIDED APRIL 13, 1989. HUNT, Justice. Roy Childers died testate in 1974. His sister, nephews and nieces brought this action against his wife, as administratrix of the estate, seeking a construction of the will giving them remainder interests. The trial court […]

184 S.E.2d 152 SUMMER-MINTER ASSOCIATES, INC. et al. v. GIORDANO et al. 26546.Supreme Court of Georgia.ARGUED JUNE 14, 1971. DECIDED SEPTEMBER 27, 1971. 1. A civil conspiracy is a combination between two or more persons to do some unlawful act which is a tort or else to do some lawful act by methods which constitute […]

409 S.E.2d 642 JONES v. THE STATE. S91P0607.Supreme Court of Georgia. DECIDED SEPTEMBER 23, 1991. RECONSIDERATION DENIED NOVEMBER 8, 1991. WELTNER, Justice. Johnnie Dee Jones was convicted of murder in the stabbing of Randall Garvin Reeves. He was sentenced to death.[1] 1. (a) Jones claims error in the trial court’s failure to grant his motion […]

264 S.E.2d 231 BRYANT et al. v. RANDALL. 35254.Supreme Court of Georgia.SUBMITTED AUGUST 10, 1979. DECIDED FEBRUARY 6, 1980. PER CURIAM. We determine that the issues in this appeal have been rendered moot by the decision rendered in Bryant v. Randall, 244 Ga. 676 (1979). The previous judgment in favor of appellants having been reversed […]

225 S.E.2d 16 CROWDER v. CROWDER. 30930.Supreme Court of Georgia.ARGUED MARCH 9, 1976. DECIDED APRIL 6, 1976. INGRAM, Justice. The essence of civil contempt involved in a proceeding to enforce payment of an alimony or child support award is wilful disobedience of the court’s order. Georgia Divorce, Alimony, etc., § 14-1. See also Mason v. […]

203 S.E.2d 186 MARGESON et al. v. GIVENS. 28383.Supreme Court of Georgia.SUBMITTED OCTOBER 26, 1973. DECIDED JANUARY 7, 1974. It was not error to enjoin the sheriff from selling the property of the appellee to satisfy the fi. fa. and to order cancellation of the fi. fa. SUBMITTED OCTOBER 26, 1973 — DECIDED JANUARY 7, […]

76 S.E.2d 620 AVERY v. THE STATE. 17810.Supreme Court of Georgia. DECIDED JULY 14, 1953. CANDLER, Justice. The Supreme Court of the United States having reversed on May 25, 1953, the decision and judgment of this court in Avery v. State, 209 Ga. 116 (70 S.E.2d 716), it is hereby ordered that the judgment of […]

98 S.E.2d 622 HANSELL v. CITIZENS SOUTHERN NATIONAL BANK. 19635.Supreme Court of Georgia.ARGUED MARCH 11, 1957. DECIDED MAY 13, 1957. 1. The petition stated a case for a declaratory judgment. 2. A minority stockholder may proceed in equity against a corporation in behalf of himself and other stockholders for ultra vires acts of its officers […]

379 S.E.2d 511 COLLINS v. THE STATE. 46542.Supreme Court of Georgia. DECIDED MAY 25, 1989. HUNT, Justice. Willie Frank Collins was convicted of the murders of Willie James Royal and his son, Willie James Campbell, and was sentenced Page 251 to consecutive life sentences.[1] He appeals raising enumerations of error involving the admissibility of photographs, […]

72 S.E.2d 706 WOOLSEY v. MIMMS et al. 17958.Supreme Court of Georgia.ARGUED SEPTEMBER 9, 1952. DECIDED OCTOBER 14, 1952. WYATT, Justice. The suit in the instant case is against two defendants for breach of contract. It is alleged that the defendant Woolsey breached his contract with the plaintiffs, in that he failed to construct a […]

356 S.E.2d 872 WILLIAMS v. THE STATE. 44511.Supreme Court of Georgia. DECIDED JUNE 19, 1987. BELL, Justice. The appellant, Roy Lee Williams, appeals from his conviction of the felony murder of his wife, Barbara Arnold Williams, for which he was sentenced to life imprisonment.[1] Appellant and the victim had a long history of domestic difficulties […]

327 S.E.2d 226 GEORGIA POWER COMPANY v. BRASILL. 41426.Supreme Court of Georgia. DECIDED JANUARY 31, 1985. GREGORY, Justice. We granted certiorari in this workers’ compensation case to determine the applicability of OCGA § 34-9-200 (d) to the facts herein. The Court of Appeals held this section inapplicable. Ga. Power Co. v. Brasill, 171 Ga. App. […]

195 S.E.2d 906 WILLIAMS et al. v. OVERSTREET et al. 27528.Supreme Court of Georgia.ARGUED OCTOBER 10, 1972. DECIDED FEBRUARY 8, 1973. GUNTER, Justice. Mr. and Mrs. Williams, residents of DeKalb County, Georgia, were owners of a dwelling house in Chatham County, Georgia, that was damaged by fire. Metropolitan Life Insurance Company was the holder of […]

85 S.E.2d 768 RUMPH v. RISTER et al. 18806.Supreme Court of Georgia.ARGUED JANUARY 12, 1955. DECIDED FEBRUARY 14, 1955. MOBLEY, Justice. 1. Where, as here, counsel for the petitioners stated in his brief that, on January 25, 1954, the trial court sustained a general demurrer to the defendant’s petition, to which there was no exception, […]

387 S.E.2d 893 IN THE MATTER OF FRANK D. HALL. SUPREME COURT DISCIPLINARY NO. 753.Supreme Court of Georgia. DECIDED NOVEMBER 22, 1989. PER CURIAM. Frank D. Hall was charged with violating Standard 66 of State Bar Rule 4-102. He acknowledges the violation of this Standard, in that he entered a plea of guilty in the […]

5 S.E.2d 635 WALLACE, guardian, v. STOVALL et al. 12990.Supreme Court of Georgia. NOVEMBER 15, 1939. A petition against a guardian, wherein it was merely alleged that the plaintiffs had recovered a judgment against said guardian, which he upon demand had refused to pay, though he had in his possession sufficient money and bonds to […]

284 S.E.2d 17 JARRELL v. ZANT. 37627.Supreme Court of Georgia. DECIDED NOVEMBER 5, 1981. REHEARING DENIED NOVEMBER 18, 1981. MARSHALL, Justice. Jarrell is under two sentences of death for murder and kidnapping. We granted his application to appeal the dismissal of his petition for habeas corpus. His petition asserts 22 enumerations of error. We find […]

80 S.E.2d 801 AYERS v. YOUNG, Administrator. 18489.Supreme Court of Georgia.ARGUED FEBRUARY 8, 1954. DECIDED MARCH 9, 1954. 1. A cross-action by the defendant must be germane to the cause of action made by the petition. In this case a part of the defendant’s answer sought to recover from the plaintiff on allegations that were […]

269 S.E.2d 453 PERTEET v. SUMNER. 36171.Supreme Court of Georgia.SUBMITTED APRIL 25, 1980. DECIDED JULY 16, 1980. JORDAN, Presiding Justice. This is an appeal by the appellant from an order refusing to hold her ex-husband in contempt of court. The Summers were divorced in 1973 with an alimony award of $600 per month to the […]

193 S.E.2d 838 DEAN v. DEAN. 27408.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1972. DECIDED OCTOBER 10, 1972. 1. The trial court properly denied the motion to dismiss the petition seeking habeas corpus relief as to a minor child. Page 613 2. It also was correct in denying the motions to strike a particular paragraph of […]

198 S.E.2d 673 HANCOCK et al. v. LEWIS et al. 27940.Supreme Court of Georgia.ARGUED MAY 15, 1973. DECIDED MAY 24, 1973. HAWES, Justice. This is a child custody case which originated in the form of a habeas corpus proceeding before the Ordinary of Berrien County as provided for Page 643 in Code § 50-103. From […]

206 S.E.2d 460 SHEPHERD v. SHEPHERD. 28767.Supreme Court of Georgia.ARGUED APRIL 9, 1974. DECIDED MAY 21, 1974. JORDAN, Justice. On December 1, 1973, Gail Shepherd, appellee here, filed a complaint in the Superior Court of DeKalb County seeking temporary and permanent alimony from her husband Charles R. Shepherd, alleging that they were married on August […]

228 S.E.2d 877 JENKINS v. THE STATE. 31293.Supreme Court of Georgia.ARGUED JULY 12, 1976. DECIDED SEPTEMBER 8, 1976. HALL, Justice. 1. Jenkins’ argument that the evidence did not support the verdict of guilty of armed robbery in this case, because of claimed deficiencies in the eyewitnesses’ identification of him, is without merit in light of […]

555 S.E.2d 716 PAUL v. THE STATE S01A0835.Supreme Court of Georgia. DECIDED: NOVEMBER 28, 2001 BENHAM, Justice. Appellant Demetrius Paul appeals the judgment of conviction entered against him for the malice murder of Jamario Marshall, the ten-year-old son of Paul’s girlfriend.[1] 1. When the young victim arrived at a Clarke County hospital on February 12, […]

291 S.E.2d 523 IN THE MATTER OF BRANNON. SUPREME COURT DISCIPLINARY NO. 159.Supreme Court of Georgia. DECIDED MAY 19, 1982. WELTNER, Justice. Everett Clay Brannon, Jr. entered a plea of guilty to an indictment in the United States District Court of the Northern District of Georgia, charging him with a violation of 18 USCA §§ […]

338 S.E.2d 266 LIVAS v. THE STATE. 42662.Supreme Court of Georgia. DECIDED JANUARY 8, 1986. HILL, Chief Justice. Jerome Livas was indicated for the malice murder of Beatrice Brier in Muscogee County in 1977. A special plea of insanity was filed, but a jury found the defendant competent to stand trial. A second jury found […]

80 S.E.2d 196 SMITH v. SMITH et al. 18424.Supreme Court of Georgia.SUBMITTED JANUARY 11, 1954. DECIDED FEBRUARY 9, 1954. WYATT, Presiding Justice. Plaintiff in error brought suit against certain named persons, seeking to cancel a deed, to recover a child’s part of the land described in the above-mentioned deed, to recover a year’s support out […]

89 S.E.2d 174 TRULOCK v. PARKER et al. 19015.Supreme Court of Georgia.ARGUED JULY 12, 1955. DECIDED SEPTEMBER 12, 1955. CANDLER, Justice. This litigation was instituted by three lower riparian landowners to enjoin the defendant from diverting the waters from the regular channel of a non-navigable stream, and for damages. By amendment and without objection, Amos […]

164 S.E.2d 128 WIDEMON et al. v. BURSON et al. 24775.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1968. DECIDED OCTOBER 10, 1968. NICHOLS, Justice. The appeal in the present case is from a judgment denying the appellant a temporary injunction and declaratory relief in an alleged class action which was consolidated with an appeal arising under […]

365 S.E.2d 265 BLANKENSHIP v. THE STATE. 44877.Supreme Court of Georgia. DECIDED FEBRUARY 19, 1988. RECONSIDERATION DENIED MARCH 9, 1988. WELTNER, Justice. This is the third appearance of this death penalty case. I Blankenship v. State, 247 Ga. 590 (277 S.E.2d 505) (1981), we affirmed the defendant’s convictions for the offenses of felony murder and […]

545 S.E.2d 888 SCRUGGS v. THE STATE S01A0444.Supreme Court of Georgia. DECIDED: APRIL 30, 2001 BENHAM, Chief Justice. Appellant Alex Scruggs and his co-indictee, Manuel Griffin, were tried together and convicted of felony murder in connection with the death of Jamar Lewis. Appellant Scruggs was also convicted of being a convicted felon in possession of […]

409 S.E.2d 655 ROGERS v. THE STATE. S91A1204.Supreme Court of Georgia. DECIDED NOVEMBER 1, 1991. CLARKE, Chief Justice. Frank Leon Rogers was convicted of armed robbery and felony murder with aggravated assault as the underlying felony. He received two consecutive life sentences. He appeals.[1] We affirm the conviction for felony murder and reverse the conviction […]

136 S.E.2d 371 PEARLE OPTICAL OF MONROEVILLE, INC. et al. v. STATE BOARD OF EXAMINERS IN OPTOMETRY. 22426.Supreme Court of Georgia.ARGUED MARCH 9, 1964. DECIDED APRIL 9, 1964. REHEARING DENIED APRIL 21, 1964. Affirmance of a final decree of the trial court by this court without out condition or direction leaves the trial court on […]

130 S.E.2d 128 HILL v. McKINLEY, Warden. 21943.Supreme Court of Georgia.ARGUED FEBRUARY 11, 1963. DECIDED FEBRUARY 25, 1963. MOBLEY, Justice. Where, as here, the only proper assignment of error is on an order of the trial court granting a continuance in a cause pending in that court, no question is presented for a decision by […]

136 S.E.2d 732 HOUSING AUTHORITY OF THE CITY OF ATLANTA v. NEW. 22354.Supreme Court of Georgia.ARGUED APRIL 14, 1964. DECIDED MAY 7, 1964. DUCKWORTH, Chief Justice. The single question presented to this court by the petition for certiorari for our decision is whether the pre-trial stipulation and order that the value of the property be […]

5 S.E.2d 648 BEECHER et al. v. CARTER, administrator, et al. 13024.Supreme Court of Georgia. OCTOBER 11, 1939. REHEARING DENIED NOVEMBER 17, 1939. 1. The superior court has inherent power to correct all alterations in its records and office papers, which include all pleadings filed therein. And when, as in the instant case, by order […]

186 S.E.2d 102 TERMPLAN INC. OF WEST END v. MILLER et al. 26849.Supreme Court of Georgia.SUBMITTED NOVEMBER 9, 1971. DECIDED DECEMBER 1, 1971. ALMAND, Chief Justice. The appeal is from orders (a) overruling a motion to dismiss an equitable complaint, and (b) granting an interlocutory injunction. The material allegations of the complaint are: that defendant […]

168 S.E.2d 138 BROWN et al. v. BROWN. 25186.Supreme Court of Georgia.ARGUED MAY 13, 1969. DECIDED MAY 22, 1969. ALMAND, Presiding Justice. This appeal is from an order sustaining the motion of the defendant, J. S. Brown to dismiss the petition of E. L. and Ola Mae Brown, in which they sought specific performance of […]

523 S.E.2d 301 DRANE v. THE STATE. S99P1003.Supreme Court of Georgia. DECIDED: NOVEMBER 1, 1999 HINES, Justice. A jury convicted Leonard M. Drane of malice murder, felony murder, and aggravated battery, and imposed a death sentence for the malice murder. The evidence adduced at trial showed that Drane and co-defendant David Willis picked up Renee […]

33 S.E.2d 1 HALL, administrator, v. METROPOLITAN LIFE INSURANCE COMPANY; et vice versa. 15055, 15065.Supreme Court of Georgia.JANUARY 5, 1944. REHEARING DENIED FEBRUARY 9, 1945. Where a suit to recover land is filed by an administrator de bonis non cum testamento annexo, and in support of his right to recover he offers proof that his […]

40 S.E.2d 544 LOUGHRIDGE v. THE STATE. 15584.Supreme Court of Georgia. NOVEMBER 13, 1946. 1. The evidence authorized the verdict. 2. Where a witness testified that a handbag in question was similar to one owned by him, his further testimony that, though he had not looked in the bag, he could tell from its appearance […]

241 S.E.2d 213 THE STATE v. BIRGE. 32740.Supreme Court of Georgia.ARGUED NOVEMBER 14, 1977. DECIDED JANUARY 3, 1978. REHEARING DENIED JANUARY 18, 1978. BOWLES, Justice. We granted certiorari in this case to consider the opinion of the Court of Appeals in the case of Birge v. State, 142 Ga. App. 735 (236 S.E.2d 906) (1977), […]

47 S.E.2d 258 MITCHELL v. ARNALL et al. 16144.Supreme Court of Georgia. MARCH 18, 1948. JENKINS, Chief Justice. A son, alleged to have been born after the execution of the will of his father, which made no provision for after-born children, and which left the entire estate to his wife, brought suit in ejectment against […]

5 S.E.2d 242 ATLANTA FINANCE COMPANY v. FITZGERALD. 13001.Supreme Court of Georgia. OCTOBER 13, 1939. GRICE, Justice. A petition by one who alleges that it is registered, bonded, and licensed to make a contract of purchase of wages or salary, that it purchased a fund due the defendant as wages or salary, that the seller […]

458 S.E.2d 125 WATERS v. THE STATE. S95A0078.Supreme Court of Georgia. DECIDED JUNE 12, 1995. RECONSIDERATION DENIED JUNE 30, 1995. SEARS, Justice. The appellant, Billy Waters, was found guilty of the malice murder of Roy Young and of the possession of a firearm during the commission of a felony.[1] He appeals, and we affirm. 1. […]

225 S.E.2d 320 KAYLOR v. KAYLOR et al. 30537.Supreme Court of Georgia.SUBMITTED NOVEMBER 25, 1975. DECIDED MAY 5, 1976. GUNTER, Justice. The widow and son of the testator are the executors of his estate under his will. They brought an action below for declaratory judgment in their capacity as executors against themselves as individuals. Under […]

711 S.E.2d 651 THE STATE v. SLAUGHTER. No. S10G1592.Supreme Court of Georgia. DECIDED JUNE 13, 2011. BENHAM, Justice. In 1994, appellee Frederick Slaughter was convicted of numerous felonies, including armed robbery, attempted murder, and possession of a firearm by a convicted felon, stemming from a 1993 bank robbery in Douglas County Appellee was sentenced as […]

553 S.E.2d 611 LEWIS et. al. v. CITY OF ATLANTA S01A1062.Supreme Court of Georgia. DECIDED: OCTOBER 1, 2001 HUNSTEIN, Justice. Appellants Thomas Lewis and Odette Florence were City of Atlanta employees. In 1998, each City of Atlanta department received a financial directive that the 1999 budget had to be submitted with a permanent 18% reduction. […]

11 S.E.2d 782 GIRTMAN v. GIRTMAN. 13541.Supreme Court of Georgia. NOVEMBER 15, 1940. 1. A writ of error will not be dismissed on the ground that it was sued out prematurely, when the bill of exceptions assigns error on the refusal of the trial court to dismiss the action on demurrer, since had the demurrer […]

452 S.E.2d 745 HAMMOND v. THE STATE. S94P1145.Supreme Court of Georgia. DECIDED JANUARY 23, 1995. RECONSIDERATION DENIED FEBRUARY 10, 1995. FLETCHER, Justice. Emmanuel Hammond was convicted of the malice murder, armed robbery and kidnapping of Julie Love. He was sentenced to death for the conviction of murder. On appeal, we found no reversible error in […]

667 S.E.2d 32 SULLIVAN v. THE STATE. No. S08A1363.Supreme Court of Georgia. DECIDED SEPTEMBER 22, 2008. MELTON, Justice. Following a jury trial, James Vincent Sullivan (“Defendant”) appeals his conviction for the murder of his wife, Lita McClinton Sullivan (“Wife”), contending, among other things, that the evidence was insufficient to support the verdict.[1] We affirm. In […]

63 S.E.2d 386 WILLIAMS v. HARRIS et al., trustees. 17315.Supreme Court of Georgia. FEBRUARY 13, 1951. CANDLER, Justice. The Providence Baptist Church, an unincorporated religious society, by and through Oscar Harris, Robert Hicks, Bennie Porter, and A. H. Walker, its trustees, filed an equitable suit in the Superior Court of Fulton County against John W. […]

169 S.E.2d 807 RENTFROW v. SMITH, Warden. 25306.Supreme Court of Georgia.SUBMITTED JULY 15, 1969. DECIDED SEPTEMBER 8, 1969. UNDERCOFLER, Justice. Rentfrow filed an application for the writ of habeas corpus in the Superior Court of Tattnall County. After a hearing the applicant was remanded to the custody of the warden. The appeal is from that […]

456 S.E.2d 50 COLLINS v. AMERICAN TELEPHONE TELEGRAPH COMPANY et al. S94A1367.Supreme Court of Georgia. DECIDED FEBRUARY 20, 1995. BENHAM, Presiding Justice. “This court must inquire into its own jurisdiction. [Cits.]”Collins v. State, 239 Ga. 400 (236 S.E.2d 759) (1977). This is an appeal from a decision of a superior court overturning an income tax […]

343 S.E.2d 688 PRICE v. LITHONIA LIGHTING COMPANY. 43157.Supreme Court of Georgia. DECIDED MAY 29, 1986. RECONSIDERATION DENIED JUNE 10, 1986. MARSHALL, Chief Justice. We granted the appellant’s application for discretionary appeal in this workers’ compensation case. The question for decision concerns the constitutionality of OCGA § 34-9-285. Where an occupational disease aggravates, or is […]

143 S.E.2d 634 WHITLEY v. WHITLEY et al. 22981.Supreme Court of Georgia.ARGUED JUNE 15, 1965. DECIDED JULY 8, 1965. Where the judgment of the trial court overruling general demurrers to a petition is reversed, and on the return of the case to the trial court the amendment to the petition does not strengthen the cause […]

149 S.E.2d 799 FIRST FEDERAL SAVINGS LOAN ASSOCIATION OF STATESBORO v. DODD; and vice versa. 23506, 23507.Supreme Court of Georgia.ARGUED JUNE 13, 1966. DECIDED JULY 7, 1966. The demurrers interposed after an immaterial amendment were of no legal consequence, and the rulings thereon provided no bases for review. ARGUED JUNE 13, 1966 — DECIDED JULY […]

103 S.E.2d 547 ATLANTIC REFINING COMPANY v. SPEARS et al.; and vice versa. 20013, 20018.Supreme Court of Georgia.ARGUED MARCH 10, 1958. DECIDED APRIL 11, 1958. REHEARING DENIED MAY 7, 1958. The purported amendment to the comprehensive zoning ordinance, subsequent to the former appearance of the present case in this court, being void, the trial court […]

340 S.E.2d 602 MATHIS v. THE STATE. 42408.Supreme Court of Georgia. DECIDED MARCH 11, 1986. RECONSIDERATION DENIED APRIL 1, 1986. BELL, Justice. Appellant Thomas James Mathis, Jr., was indicted for murdering James Thomas by pouring a flammable liquid on him and igniting it.[1] Page 543 He was convicted and sentenced to life imprisonment, and now […]

366 S.E.2d 693 IN THE MATTER OF ROBERT M. DAVIS. SUPREME COURT DISCIPLINARY NO. 397Supreme Court of Georgia. DECIDED MARCH 9, 1988. PER CURIAM. The State Bar filed a formal complaint against State Bar member Robert M. Davis alleging violations of Standards 4, 33, and 68 of Georgia Bar Rule 4-102. The respondent filed a […]

326 S.E.2d 733 THOMPSON v. BROWN et al. 41498.Supreme Court of Georgia. DECIDED MARCH 5, 1985. REHEARING DENIED MARCH 28, 1985. SMITH, Justice. J. C. Morris died intestate leaving no spouse or children surviving. He left no real property. His known heirs are: two sisters, two Page 192 brothers, and the two children of a […]

187 S.E.2d 850 BAKER REALTY COMPANY v. BAKER. 26986.Supreme Court of Georgia.ARGUED FEBRUARY 15, 1972. DECIDED MARCH 9, 1972. UNDERCOFLER, Justice. Baker Realty Company filed a complaint in the Superior Court of Clayton County against Jasper L. Baker doing business as Baker Realty Associates seeking to temporarily and permanently enjoin him from transacting business under […]

39 S.E.2d 750 MILLER SERVICE INC. v. MILLER. 15589.Supreme Court of Georgia. OCTOBER 8, 1946. WYATT, Justice. “An order sustaining a demurrer to a defendant’s plea and striking the plea is not a final judgment. Where no final judgment is excepted to, and exception to an order sustaining a demurrer to the defendant’s plea to […]

559 S.E.2d 466 SHAHEED v. THE STATE. No. S01A1418.Supreme Court of Georgia. DECIDED: FEBRUARY 4, 2002. THOMPSON, Justice. Farah Mahmood Shaheed pled guilty to felony murder and the trial court sentenced him to life in prison. In so doing, the trial court initially granted Shaheed first offender status. Several days later, after learning that it […]

246 S.E.2d 670 BUTLER v. THE STATE. 33645.Supreme Court of Georgia.SUBMITTED MAY 26, 1978. DECIDED JULY 6, 1978. HILL, Justice. Defendant Charles Aaron Butler was convicted by a jury of burglary, robbery and two counts of kidnapping with bodily injury. His conviction was affirmed, in an opinion reported at 239 Ga. 591 (238 S.E.2d 387) […]

710 S.E.2d 563 IN THE MATTER OF NAKATA S. SMITH FITCH. No. S11Y0915.Supreme Court of Georgia. DECIDED MAY 31, 2011. PER CURIAM. This matter is before the Court on the Report and Recommendation of the special master, D. Warren Auld, who recommends that Respondent Nakata S. Smith Fitch (State Bar No. 262068) be suspended from […]

353 S.E.2d 799 LOBDELL v. THE STATE. 43545.Supreme Court of Georgia. DECIDED MARCH 12, 1987. BELL, Justice. Kevin Lobdell was tried and convicted of the malice murder of Roy Collins.[1] He appeals, and we affirm. The evidence, viewed most favorably to the state, is as follows: On March 31, 1982, Lobdell and a friend named […]

504 S.E.2d 441 WILLIAMS v. THE STATE. S98A0960.Supreme Court of Georgia. DECIDED SEPTEMBER 21, 1998. HUNSTEIN, Justice. Larry Donnell Williams was convicted of the malice murder of his former girlfriend, Marquita Powell, and of possession of a firearm during the commission of a crime. He was sentenced to life imprisonment for the murder conviction and […]

299 S.E.2d 558 DOWNEY v. DOWNEY. 39326.Supreme Court of Georgia. DECIDED JANUARY 25, 1983. MARSHALL, Presiding Justice. The parties were divorced by the Clayton Superior Court in February of 1981. This citation for contempt was filed in that court by the former husband in January of 1982. However, at the time of the filing of […]

629 S.E.2d 260 KARAN, INC. et al. v. AUTO-OWNERS INSURANCE COMPANY. S05G1259.Supreme Court of Georgia. DECIDED APRIL 25, 2006. RECONSIDERATION DENIED MAY 19, 2006. HINES, Justice. This Court granted certiorari to the Court of Appeals i Auto-Owners Ins. Co. v. Karan, Inc., 272 Ga. App. 620 (612 SE2d 920) (2005), to consider whether it erred […]

223 S.E.2d 79 BROOKS et al. v. THE STATE. 30553.Supreme Court of Georgia.SUBMITTED DECEMBER 3, 1975. DECIDED JANUARY 27, 1976. UNDERCOFLER, Presiding Justice. James Calvin Brooks, John Toles and John Jackie Varner were indicted for the armed robbery of Dean Timmons. Brooks and Toles were jointly tried, convicted, and sentenced to serve 15 years each. […]

63 S.E.2d 390 HART v. THE STATE. 17358.Supreme Court of Georgia. FEBRUARY 12, 1951. 1. The evidence was sufficient to authorize the verdict. 2. (a) Hearsay evidence is not admissible. (b) Newly discovered evidence will not authorize the grant of a new trial, if merely cumulative or impeaching in its character, and unless due diligence […]

199 S.E.2d 241 MILLER v. MILLER. 28016.Supreme Court of Georgia.ARGUED JUNE 11, 1973. DECIDED JULY 2, 1973. A motion to set aside under Code Ann. § 81A-160 (d) must be predicated upon some nonamendable defect which appears upon the face of the record or pleadings. ARGUED JUNE 11, 1973 — DECIDED JULY 2, 1973. Motion […]

208 S.E.2d 458 WILSON v. WILSON. 28914.Supreme Court of Georgia.ARGUED JUNE 10, 1974. DECIDED SEPTEMBER 3, 1974. HALL, Justice. Appellant filed a “Petition for Revision of Divorce Page 638 Judgment” in the Superior Court of Muscogee County against his former wife. The purpose of this petition was to set aside portions of a judgment rendered […]

44 S.E.2d 799 COLLINS v. WILLIAMS. 15954.Supreme Court of Georgia. OCTOBER 14, 1947. 1. Where in a civil case the judge, in stating the contentions of the parties, fully and fairly submitted the issues raised by the pleadings, his failure, in the absence of a request, to instruct the jury upon a contention of one […]

415 S.E.2d 173 IN THE MATTER OF JAMES WOODROW LEWIS. SUPREME COURT DISCIPLINARY NO. 768.Supreme Court of Georgia. DECIDED MARCH 13, 1992. PER CURIAM. The State Bar of Georgia filed a formal complaint against James Woodrow Lewis charging him with violations of Standards 3, 4, 28, 30, 45 (d) and 45 (e) of State Bar […]

7 S.E.2d 172 ASPHALT PRODUCTS COMPANY et al. v. BEARD. 13107.Supreme Court of Georgia. FEBRUARY 13, 1940. A petition for injunction against an alleged nuisance in operating an asphalt and cement plant in the City of Atlanta, held subject to general demurrer. No. 13107. FEBRUARY 13, 1940. Equitable petition. Before Judge A. L. Etheridge. Fulton […]

85 S.E.2d 766 DRIVER et al. v. SHEFFIELD. 18810.Supreme Court of Georgia.SUBMITTED JANUARY 10, 1955. DECIDED FEBRUARY 14, 1955. HAWKINS, Justice. 1. A will, having no effect until the death of the testator, is necessarily revocable by him at any time before his death. Code § 113-401. 2. The revocation of a will may be […]

354 S.E.2d 135 PRESTON v. THE STATE. 44052.Supreme Court of Georgia. DECIDED APRIL 8, 1987. RECONSIDERATION DENIED APRIL 22, 1987. MARSHALL, Chief Justice. The appellant was convicted of one count of theft by receiving stolen property, OCGA § 16-8-8, and one count of giving a false name to a law enforcement officer with the intent […]

440 S.E.2d 635 CROZIER v. THE STATE. S93A1332.Supreme Court of Georgia. DECIDED JANUARY 31, 1994. RECONSIDERATION DENIED FEBRUARY 25, 1994. BENHAM, Justice. Appellant was convicted of the 1987 murder of a man appellant believed was romantically involved with his wife.[1] On appeal, appellant contests the admission of several items of evidence, and contends his character […]

180 S.E.2d 545 FORD et al. v. THE STATE. 26229.Supreme Court of Georgia.ARGUED DECEMBER 16, 1970. DECIDED JANUARY 21, 1971. REHEARING DENIED FEBRUARY 15, 1971. 1. The verdict is supported by the evidence. 2. Since there is no statutory authority for the direction of a verdict in a criminal case, the denial of appellants’ motion […]