Category: Georgia Supreme Court Opinions

412 S.E.2d 837 ROOT v. THE STATE. S91A1267.Supreme Court of Georgia. DECIDED NOVEMBER 27, 1991. BELL, Justice. The solicitor for the State Court of Rockdale County filed an accusation against Donald Theodore Root, Jr., accusing him of simple battery of his wife and battery of his stepdaughter. Root filed a general demurrer to the battery […]

325 S.E.2d 140 DeWOLFF et al. v. FULTON COUNTY et al. 41682.Supreme Court of Georgia. DECIDED JANUARY 29, 1985. MARSHALL, Presiding Justice. This case involves questions concerning the disposal of property acquired, but later found not to be needed, for county or municipal road purposes. OCGA § 32-7-3 et seq. The appellants are property owners […]

275 S.E.2d 312 TANT et al. v. THE STATE. 36776.Supreme Court of Georgia. DECIDED FEBRUARY 17, 1981. REHEARING DENIED MARCH 11, 1981. MARSHALL, Justice. This is an action by the state to condemn an automobile which was seized after allegedly having been used to transport methaqualone, a controlled substance. Code Ann. § 79A-807 (e) (1) […]

249 S.E.2d 28 DORSEY v. WILLIS. 33750.Supreme Court of Georgia.ARGUED JULY 10, 1978. DECIDED OCTOBER 4, 1978. NICHOLS, Chief Justice. Dorsey’s application was granted to review the judgment denying his petition for the writ of habeas corpus. His conviction for armed robbery was affirmed in Dorsey v. State, 236 Ga. 591 (225 S.E.2d 418) (1976). […]

403 S.E.2d 804 JONES v. BATES et al. S91A0387.Supreme Court of Georgia. DECIDED MAY 10, 1991. HUNT, Justice. Christopher Jones’ foot was burned by a lamp from which the heat shield had been removed during surgery.[1] At the time of the occurrence, August 30, 1985, Jones was 16 years old. His 18th birthday was May […]

236 S.E.2d 361 BENSON-CORWIN, INC. v. COBB COUNTY SCHOOL DISTRICT et al. 32247.Supreme Court of Georgia.ARGUED MAY 10, 1977. DECIDED JUNE 8, 1977. INGRAM, Justice. Appellant’s property was annexed into the City of Marietta from the unincorporated area of Cobb County. Page 200 Thereafter, the assessed value of appellant’s property was increased by the county […]

457 S.E.2d 816 CLUB SOUTHERN BURLESQUE, INC. v. CITY OF CARROLLTON. S95A0432.Supreme Court of Georgia. DECIDED JUNE 5, 1995. RECONSIDERATION DENIED JUNE 30, 1995. CARLEY, Justice. After the constitutionality of its adult entertainment ordinances was successfully challenged by appellant’s predecessor in Yarbrough v. City of Carrollton, 262 Ga. 444 (421 S.E.2d 72) (1992), appellee City […]

492 S.E.2d 874 POWELL v. EMORY UNIVERSITY, et al. S97A0942.Supreme Court of Georgia. DECIDED NOVEMBER 17, 1997 HINES, Justice. Powell appeals the grant of partial summary judgment to Emory University on his claims of implied trust and equitable rescission of a gift of land he made to Emory, and the denial of his motion for […]

492 S.E.2d 513 IN THE MATTER OF ROBERT G. FIERER S97Y1633.Supreme Court of Georgia. DECIDED OCTOBER 6, 1997 PER CURIAM. Robert Fierer filed a petition for the voluntary surrender of his license to practice law in this State. He based his petition upon his guilty pleas, in federal court, to evading a portion of federal […]

126 S.E.2d 655 CITY OF DUBLIN v. HOBBS. 21698.Supreme Court of Georgia.ARGUED JUNE 12, 1962. DECIDED JUNE 25, 1962. DUCKWORTH, Chief Justice. This is an action for injunctive relief brought by a taxpayer against the City of Dublin, praying for the abatement of a public nuisance, which allegedly is specially injurious to the petitioner, the […]

218 S.E.2d 776 GLASS v. THE STATE. 29947.Supreme Court of Georgia.SUBMITTED MAY 15, 1975. DECIDED SEPTEMBER 11, 1975. JORDAN, Justice. The appellant was convicted of murder, sentenced to life imprisonment and appeals. Appellant, Dorsey Lee Glass, and Evelyn Henderson had lived together for eight years in Mrs. Henderson’s side of a duplex in Atlanta. The […]

219 S.E.2d 109 POWELL v. THE STATE. 30190.Supreme Court of Georgia.SUBMITTED JULY 25, 1975. DECIDED SEPTEMBER 16, 1975. INGRAM, Justice. Appellant was convicted of murder and sentenced in Page 209 the Superior Court of Bryan County to serve a life imprisonment term for this offense. This appeal enumerates three alleged errors: (1) the trial judge […]

241 S.E.2d 242 SWICORD et al. v. HESTER. 33006.Supreme Court of Georgia.SUBMITTED NOVEMBER 22, 1977. DECIDED JANUARY 5, 1978. BOWLES, Justice. This case involves a boundary line dispute between the parties. The plaintiff-appellee filed for a temporary restraining order to restrain and enjoin the defendants-appellants from destroying the existing fence line and growing plants on […]

227 S.E.2d 330 MOORE v. THE STATE. 31289.Supreme Court of Georgia.SUBMITTED JUNE 25, 1976. DECIDED JULY 9, 1976. UNDERCOFLER, Presiding Justice. Appellant was convicted of murder and aggravated assault. He was sentenced to life plus ten years. 1. The evidence shows the decedent, Mary Ann Parks and several others were sitting in a `Stop and […]

12 S.E.2d 319 BOLAND v. AYCOCK et al. 13418.Supreme Court of Georgia. DECEMBER 5, 1940. 1. The undue influence which the law contemplates as a ground to invalidate a properly executed will must be such as amounts to fraud, deceit, force, or coercion, destroying the testator’s free agency. It must also be operative at the […]

241 S.E.2d 836 THOMPSON v. THOMPSON. 33002.Supreme Court of Georgia.ARGUED NOVEMBER 22, 1977. DECIDED JANUARY 6, 1978. HILL, Justice. This appeal is from a judgment changing the custody of the minor children from the father to the mother. For earlier litigation between these parties see Thompson v. Thompson, 237 Ga. 509 (228 S.E.2d 886) (1976). […]

129 S.E.2d 772 WALLER et al. v. STATE HIGHWAY DEPARTMENT. 21885.Supreme Court of Georgia.SUBMITTED JANUARY 14, 1963. DECIDED FEBRUARY 7, 1963. HEAD, Presiding Justice. 1. The testimony of one of the defendants shows that he did not examine the deed records to ascertain the width of the highway, nor did he procure anyone to examine […]

7 S.E.2d 909 LYLES v. WATSON. 12991.Supreme Court of Georgia. MARCH 14, 1940. 1. The petition stated a cause of action for a money judgment in some amount; and since a petition is not subject to dismissal as a whole where it alleges a cause of action for any part of the relief sought, the […]

510 S.E.2d 32 TURPIN v. LIPHAM, and vice versa. S98A0724, S98X0770.Supreme Court of Georgia. DECIDED: NOVEMBER 23, 1998 HINES, Justice. William Anthony Lipham was convicted of malice murder, rape, armed robbery, and burglary in 1987, and sentenced to death for the murder. This Court affirmed Lipham’s convictions and death sentence in 1988 Lipham v. State, […]

152 S.E.2d 861 HARMON v. THE STATE. 23821.Supreme Court of Georgia.SUBMITTED DECEMBER 14, 1966. DECIDED JANUARY 5, 1967. The warrants for the arrest and extradition of the petitioner to Florida charging him with breaking and entering and grand larceny in addition to escaping from Florida authorities were valid and legal, and the court did not […]

255 S.E.2d 20 YOUNG v. THE STATE. 34506.Supreme Court of Georgia.SUBMITTED FEBRUARY 19, 1979. DECIDED APRIL 5, 1979. REHEARING DENIED APRIL 24, 1979. HALL, Justice. Charles Paul Young appeals from his conviction of murder, for which he received a life sentence, and from the denial of his motion for a new trial. We affirm. 1. […]

453 S.E.2d 737 LeMAY v. THE STATE. S94A1527.Supreme Court of Georgia. DECIDED FEBRUARY 27, 1995. HUNT, Chief Justice. John Richard LeMay was found guilty of the burglary, armed robbery and murder of Dr. Cecil Grogan.[1] He appeals, and we affirm. 1. After reviewing the evidence in a light most favorable to the jury’s determination of […]

573 S.E.2d 42 NELSON v. HALL. S02A1598.Supreme Court of Georgia. Decided November 25, 2002 THOMPSON, Justice. Calvin Leon Nelson was convicted of aggravated assault, kidnapping with bodily injury, and armed robbery. He was sentenced as a recidivist to life without the possibility of parole on both the kidnapping and armed robbery convictions, and to a […]

569 S.E.2d 540 ROACH v. EMPLOYEES’ RETIREMENT SYSTEM OF GEORGIA. S02A0961.Supreme Court of Georgia. Decided September 16, 2002 HUNSTEIN, Justice. Dorothy Roach appeals from the denial of her petition for mandamus seeking involuntary separation retirement benefits. Roach was discharged from her position as Commissioner of the Department of Administrative Services by Governor Roy Barnes in […]

69 S.E.2d 267 HENDRIX v. PIRKLE. 17712.Supreme Court of Georgia.SUBMITTED JANUARY 15, 1952. DECIDED FEBRUARY 13, 1952. ATKINSON, Presiding Justice. “A demurrer to an original petition does not, without more, cover the petition after it has been amended in material respects, but in such case the demurrer should be renewed if it is still relied […]

252 S.E.2d 404 WILLIAMS v. WILLIAMS. 34222.Supreme Court of Georgia.ARGUED NOVEMBER 15, 1978. DECIDED JANUARY 4, 1979. REHEARING DENIED JANUARY 23, 1979. BOWLES, Justice. Appellant-husband appeals from an award of temporary alimony entered in the Superior Court of Fulton County. Appellee-wife filed a complaint for divorce. Both parties admitted that the marriage was irretrievably broken. […]

106 S.E.2d 13 SUPERIOR PINE PRODUCTS COMPANY v. WILLIAMS, Revenue Commissioner. 20102.Supreme Court of Georgia.ARGUED JULY 14, 1958. DECIDED OCTOBER 10, 1958. HEAD, Justice. This case is controlled by the rulings in Superior Pine Products Co. v. Williams, ante. Judgment affirmed. All the Justices concur, except Wyatt, P. J., and Candler, J., who dissent. ARGUED […]

34 S.E.2d 879 WRIGHT v. THE STATE. 15156.Supreme Court of Georgia. JULY 6, 1945. BELL, Chief Justice. 1. Both the corpus delicti and the perpetration of the alleged offense by the accused may be shown by circumstantial as well as direct evidence. In the instant case, the evidence was sufficient to establish both elements with […]

73 S.E.2d 89 ROBERTS MARBLE COMPANY et al. v. BRIDGES. 17971.Supreme Court of Georgia.SUBMITTED SEPTEMBER 8, 1952. DECIDED OCTOBER 14, 1952. REHEARING DENIED NOVEMBER 13, 1952. DUCKWORTH, Chief Justice. A timber lease, conveying “all pine timber which has been worked or cupped for turpentine purposes and all other timber on the lands . . described, […]

194 S.E.2d 475 LEE v. SMITH et al. 27504.Supreme Court of Georgia.SUBMITTED OCTOBER 10, 1972. DECIDED DECEMBER 4, 1972. HAWES, Justice. In habeas corpus cases, the trial judge is the trior of issues of fact, and, where the evidence is conflicting upon an issue of fact, his decision thereon will not be controlled by the […]

120 S.E.2d 330 FIRST AMERICAN ACCEPTANCE CORPORATION v. WHEAT. 21225.Supreme Court of Georgia.ARGUED MAY 9, 1961. DECIDED MAY 22, 1961. DUCKWORTH, Chief Justice. This case arises out of the recovery of damages in an automobile liability case, in which the defendant in error and his wife prevailed against the tortfeasor in Cobb Superior Court, and […]

111 S.E.2d 236 McNAIR v. ACHORD et al. 20652.Supreme Court of Georgia.ARGUED OCTOBER 13, 1959. DECIDED NOVEMBER 4, 1959. The constitutional amendment, duly ratified by the people, creating the election of the six members of the Board of Education of Wheeler County by militia districts therein, having provided by law for the time of said […]

89 S.E.2d 494 JACKSON ELECTRIC MEMBERSHIP CORP. v. MATHEWS et al. 19046.Supreme Court of Georgia.SUBMITTED SEPTEMBER 12, 1955. DECIDED OCTOBER 10, 1955. MOBLEY, Justice. Where a bill of exceptions — assigning error on a judgment rendered June 27, 1953 (prior to passage of the act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., pp. […]

47 S.E.2d 741 GANO et al. v. GANO et al. 16083.Supreme Court of Georgia. APRIL 13, 1948. REHEARING DENIED MAY 14, 1948. The petition failed to state a cause of action, and the general demurrer was properly sustained. No. 16083. APRIL 13, 1948. REHEARING DENIED MAY 14, 1948. Petition for injunction. Before Judge Guess. DeKalb […]

371 S.E.2d 852 CHERRY v. ABBOTT. 45882.Supreme Court of Georgia. DECIDED SEPTEMBER 22, 1988. GREGORY, Justice. Petitioner, a black male, filed a writ of habeas corpus contending the state had exercised its peremptory strikes to exclude all black jurors from the panel selected to try his case, and therefore his convictions were in violation of […]

200 S.E.2d 720 PASS v. CALDWELL. 28188.Supreme Court of Georgia.SUBMITTED AUGUST 10, 1973. DECIDED OCTOBER 4, 1973. JORDAN, Justice. Edward Deen Pass appeals a judgment in the Tattnall Superior Court denying his application for a writ of habeas corpus, and remanding him to the custody of the respondent. Held: 1. We affirm. Petitioner claims the […]

133 S.E.2d 585 VILLAGE OF NORTH ATLANTA et al. v. COOK, Attorney General, et al. 22201.Supreme Court of Georgia.ARGUED SEPTEMBER 11, 1963. DECIDED OCTOBER 14, 1963. 1. Members of the General Assembly can not be made parties defendant in an action for declaratory judgment asserting the unconstitutionality of a provision of an Act of the […]

76 S.E.2d 497 BOGGS et al. v. BROOME. 18245.Supreme Court of Georgia.ARGUED JUNE 9, 1953. DECIDED JUNE 10, 1953. DUCKWORTH, Chief Justice. 1. A petition seeking a declaratory judgment under Ga. L. 1945, p. 137 (Code, Ann. Supp., § 110-1101 et seq.) is not per se an equitable action. Felton v. Chandler, 201 Ga. 347 […]

268 S.E.2d 915 LEWIS v. THE STATE. 35997.Supreme Court of Georgia.ARGUED APRIL 14, 1980. DECIDED JULY 1, 1980. PER CURIAM. William Spicer Lewis, III, the appellant, was convicted of the offenses of murder, armed robbery and motor vehicle theft by a jury in the Superior Court of Muscogee County. He was sentenced to death for […]

89 S.E.2d 177 ATLANTIC REFINING COMPANY v. SPEARS et al.; and vice versa. 19006, 19040.Supreme Court of Georgia.ARGUED JULY 11, 1955. DECIDED SEPTEMBER 12, 1955. CANDLER, Justice. On September 1, 1953, Mrs. Elizabeth Lott Spears and Chester W. Spears, alleging themselves to be citizens and residents of Richmond County, Georgia, instituted an action for injunctive […]

191 S.E.2d 58 HILL v. THE STATE. 27288.Supreme Court of Georgia.SUBMITTED JUNE 13, 1972. DECIDED JUNE 28, 1972. NICHOLS, Justice. This appeal results from a conviction of armed robbery. The defendant, together with a co-indictee, drove up to an outdoor telephone booth where the Page 308 victim was making a telephone call. The defendant got […]

44 S.E.2d 485 CORNELIUS et al. v. TRICE. 15897.Supreme Court of Georgia. SEPTEMBER 9, 1947. REHEARING DENIED OCTOBER 17, 1947. DUCKWORTH, Presiding Justice. 1. The petition, praying for a decree of title to described land, that deeds of the defendants to the said property be surrendered into court as clouds on the petitioner’s title, that […]

463 S.E.2d 702 CORNELL v. THE STATE. S95A1328.Supreme Court of Georgia. DECIDED NOVEMBER 20, 1995. HUNSTEIN, Justice. Frederick Cornell was found guilty of felony murder during the commission of an aggravated assault, armed robbery, and possession of a firearm during the commission of a crime. Cornell was sentenced to life imprisonment. He appeals from the […]

21 S.E.2d 627 CUMMINGS v. ROBINSON, commissioner, et al. 14176.Supreme Court of Georgia. JULY 16, 1942. 1. In a suit by two of four members of a board of county commissioners, suing both as officials and as citizens, and by other persons as citizens only, against another who claimed to have been elected to fill […]

238 S.E.2d 690 PATENT SCAFFOLDING COMPANY v. ETHERIDGE. 32305.Supreme Court of Georgia.ARGUED JUNE 13, 1977. DECIDED SEPTEMBER 6, 1977. REHEARING DENIED SEPTEMBER 27, 1977. JORDAN, Justice. This case is controlled by the holding in Ford Motor Co. v. Carter, 239 Ga. 657 (1977). The judgment of the Court of Appeals accordingly is reversed. Judgment reversed. […]

273 S.E.2d 402 HUFFMAN et al. v. SULLIVAN et al. 36618.Supreme Court of Georgia.SUBMITTED AUGUST 29, 1980. DECIDED SEPTEMBER 24, 1980. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur. SUBMITTED AUGUST 29, 1980 — DECIDED SEPTEMBER 24, 1980. Injunction. Richmond Superior Court. Before Judge Fleming. Maguire Shepard, Stephen E. Shepard, Samuel […]

549 S.E.2d 65 STANTON v. THE STATE. S01A0600.Supreme Court of Georgia. DECIDED: JUNE 25, 2001 FLETCHER, Presiding Justice. John Stanton was convicted of malice murder, hindering the apprehension of a criminal, and possession of a firearm during the commission of a felony but acquitted of armed robbery in connection with the shooting death of his […]

312 S.E.2d 331 ELDER et al. v. WATTS et al. 40336.Supreme Court of Georgia. DECIDED FEBRUARY 22, 1984. GREGORY, Justice. This appeal involves the interpretation of a restrictive covenant in the Riverview Estates subdivision in Gwinnett County. Hal Watts and the Riverview Association, Inc. (plaintiffs-appellees) sought to enjoin Tom Elder, (defendant-appellant) from erecting a tennis […]

94 S.E.2d 736 CHALVERUS et al. v. WILSON MANUFACTURING Co. et al. 19443.Supreme Court of Georgia.SUBMITTED SEPTEMBER 10, 1956. DECIDED OCTOBER 9, 1956. HAWKINS, Justice. The petition brought by Michael A. Chalverus and Margaret Chalverus, as minority stockholders, in behalf of themselves and other stockholders similarly situated of Wilson Manufacturing Company, a corporation, against that […]

436 S.E.2d 219 GEORGIA MENTAL HEALTH INSTITUTE et al. v. BRADY (two cases). S93A0976, S93A0977.Supreme Court of Georgia. DECIDED NOVEMBER 8, 1993. RECONSIDERATION DENIED DECEMBER 2, 1993. SEARS-COLLINS, Justice. The appellants in both these appeals are the Georgia Mental Health Institute (hereinafter “GMHI”) and the Georgia Department of Human Resources (hereinafter “DHR”). GMHI sought to […]

30 S.E.2d 623 BIBLE v. SOMERS CONSTRUCTION COMPANY. 14872.Supreme Court of Georgia. JUNE 8, 1944. BELL, Chief Justice. 1. Where the judge appointed an auditor to pass upon all questions of law and fact arising in the case, and authorized him to employ a certified public accountant to assist in examining books, records, and accounts, […]

225 S.E.2d 37 DUTTON v. DUTTON. 30769.Supreme Court of Georgia.SUBMITTED JANUARY 29, 1976. DECIDED APRIL 7, 1976. NICHOLS, Chief Justice. The appeal in this case is from a judgment holding Donald Ray Dutton, former husband, in contempt of court for failure to make payments to a named dentist for dental care for one of the […]

229 S.E.2d 603 PANNELL et al. v. MOORE et al. 31431.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1976. DECIDED SEPTEMBER 29, 1976. REHEARING DENIED OCTOBER 19, 1976. NICHOLS, Chief Justice. The appeal in this case is from a judgment granting the defendants in the trial court a summary judgment and denying a partial summary judgment for […]

124 S.E.2d 87 INGRAM v. DOSS et al. 21500.Supreme Court of Georgia.SUBMITTED JANUARY 9, 1962. DECIDED FEBRUARY 8, 1962. REHEARING DENIED FEBRUARY 20, 1962. 1. The evidence authorized a finding by the jury that the property sought to be recovered in the present case had not been abandoned for school purposes. 2. There was no […]

262 S.E.2d 818 CALE v. CALE. 35959.Supreme Court of Georgia. DECIDED JANUARY 8, 1980. JORDAN, Justice. Appellant sought temporary modification of a permanent alimony judgment under Code Ann. § 30-220 (c). His petition was dismissed and he filed a notice of appeal. Appellant also filed an application to appeal under Code Ann. § 6-701.1 which […]

470 S.E.2d 682 BROWN ET AL. v. CRONIC ET AL. S96A0408.Supreme Court of Georgia. DECIDED JUNE 3, 1996 RECONSIDERATION DENIED JUNE 14, 1996. HINES, Justice. This is a will dispute in which the primary issue is whether or not a testamentary instrument was upon condition. We conclude that it was not. Perry Randall Wheeler and […]

229 S.E.2d 440 MOON v. MOON et al. 31267.Supreme Court of Georgia.ARGUED JULY 12, 1976. DECIDED SEPTEMBER 29, 1976. PER CURIAM. This is an appeal from a jury verdict awarding the appellant wife a divorce and alimony on grounds of cruel treatment. Two corporations totally owned by the appellee husband and his family were joined […]

510 S.E.2d 523 MIKELL v. THE STATE. S98G0968.Supreme Court of Georgia. DECIDED JANUARY 11, 1999. — RECONSIDERATION DENIED FEBRUARY 8, 1999. THOMPSON, Justice. We granted certiorari to the Court of Appeals in Mikell v. State, 231 Ga. App. 85 (498 S.E.2d 531) (1998), to determine whether a trial court must exercise discretion under OCGA § […]

583 S.E.2d 883 IN THE MATTER OF FRED CARTER. S03Y0885, S03Y1284, S03Y1285.Supreme Court of Georgia. Decided July 11, 2003 PER CURIAM. Carter has three disciplinary matters currently pending before this Court, each of which involves his wilful abandonment of a client matter for which he had accepted a retainer and two of which involve his […]

259 S.E.2d 62 THOMPSON v. CHEATHAM et al. 34888.Supreme Court of Georgia.ARGUED MAY 14, 1979. DECIDED SEPTEMBER 6, 1979. BOWLES, Justice. Appellees (plaintiffs below) brought an action in the Superior Court of Henry County for the purpose of quieting title to a tract of land. Appellant and others were named as defendants, but appellant is […]

84 S.E.2d 369 BLAND v. THE STATE. 18740.Supreme Court of Georgia.SUBMITTED SEPTEMBER 16, 1954. DECIDED OCTOBER 13, 1954. REHEARING DENIED NOVEMBER 10, 1954. 1. Where, in the trial of a person charged with murder, the court, at the special request of the jury, read and instructed it as to the published rules and regulations of […]

218 S.E.2d 573 WILSON v. HOPPER. 30048.Supreme Court of Georgia.SUBMITTED JUNE 17, 1975. DECIDED SEPTEMBER 2, 1975. INGRAM, Justice. Melvin Wilson, Jr. appeals from an order of the Superior Court of Tattnall County denying habeas corpus relief to him. Appellant was tried in the Superior Court of Richmond County in March, 1971, for the possession […]

677 S.E.2d 132 IN THE MATTER OF DANIEL RICHARD HAYES. No. S08Y1657.Supreme Court of Georgia. DECIDED MAY 18, 2009. PER CURIAM. This disciplinary matter is before the Court, following the granting of the State Bar’s motion for reconsideration showing perfection of service by publication pursuant to State Bar Rule 4-203.1 (b) (3) (ii), and on […]

238 S.E.2d 12 PEEK v. THE STATE. 32150.Supreme Court of Georgia.ARGUED APRIL 12, 1977. DECIDED SEPTEMBER 6, 1977. MARSHALL, Justice. The appellant was convicted of two counts of murder and one count of kidnapping in the Superior Court of Greene County. He received a sentence of death on each count. His case is here on […]

450 S.E.2d 414 IN THE MATTER OF J. W. YARBROUGH. S94Y1298.Supreme Court of Georgia. DECIDED DECEMBER 5, 1994. PER CURIAM. J. W. Yarbrough pleaded nolo contendere to one count of sexual battery.[1] His sentence of 12 months was suspended upon payment of a $1,000 fine. The State Bar issued a Notice of Discipline against Yarbrough, […]

116 S.E.2d 288 BENNETT et al. v. BAGWELL STEWART, INC., et al. 20936.Supreme Court of Georgia.ARGUED JUNE 14, 1960. DECIDED SEPTEMBER 8, 1960. REHEARING DENIED SEPTEMBER 21, 1960. 1. On a conflict of evidence as to whether the defendants were performing acts in violation of the court’s injunctive decree, the verdict was authorized. 2. Questions […]

360 S.E.2d 719 MITCHELL v. THE STATE. 44535.Supreme Court of Georgia. DECIDED SEPTEMBER 8, 1987. SMITH, Justice. The appellant, Charles Dale Mitchell, was convicted of the malice murder of his wife, Donna Gale Mitchell. We affirm.[1] 1. Applying the standard of Jackson v. Virginia, 443 U.S. 307 (99 S.C. 2781, 61 L.Ed.2d 560) (1979), we […]

290 S.E.2d 63 RANGER v. THE STATE. 38165.Supreme Court of Georgia. DECIDED APRIL 6, 1982. REHEARING DENIED APRIL 28, 1982. HILL, Presiding Justice. Victor Ranger was indicated for the malice murder of his pregnant girl friend, Helena Carter, and the felony murder of her child who was prematurely born after she was shot. He appeals […]

453 S.E.2d 6 WHITE v. THE STATE. S95A0219.Supreme Court of Georgia. DECIDED FEBRUARY 13, 1995. CARLEY, Justice. Appellant was tried before a jury and, although he claimed self-defense, he was found guilty of malice murder and possession of a firearm during the commission of a crime. He was sentenced to life for the murder and […]

229 S.E.2d 431 CUNNANE v. CUNNANE. 31409.Supreme Court of Georgia.ARGUED SEPTEMBER 20, 1976. DECIDED SEPTEMBER 29, 1976. NICHOLS, Chief Justice. This appeal arises from a complaint in which the former wife sought a modification of alimony and child support payments. The parties were divorced in April, 1973 and the present complaint was filed in October, […]

361 S.E.2d 158 IN THE MATTER OF: INQUIRY CONCERNING A JUDGE NO. 1036. 45078.Supreme Court of Georgia. DECIDED OCTOBER 8, 1987. PER CURIAM. The Judicial Qualifications Commission was furnished with information that respondent Judge James Welch had been: (a) “taking care” of traffic and DUI charges; (b) giving state troopers a “hard time”; (c) trying […]

632 S.E.2d 148 BOLDEN et al. v. BARTON et al. S06A0156.Supreme Court of Georgia. DECIDED JULY 6, 2006. HINES, Justice. Reverend Willie Bolden and others (“Bolden”) appeal from the trial court’s grant of an injunction ordering that an election be held among the members of Bethlehem Missionary Baptist Church (“Church”) to determine which persons will […]

84 S.E.2d 362 TUCKER et al. v. CITY OF ATLANTA. 18697.Supreme Court of Georgia.SUBMITTED SEPTEMBER 17, 1954. DECIDED OCTOBER 11, 1954. REHEARING DENIED NOVEMBER 10, 1954. 1. It was not error to direct a verdict in favor of the plaintiffs in the trial court. 2. Constitutional questions can not be raised for the first time […]

314 S.E.2d 878 SAPP v. SOLOMON. 40700.Supreme Court of Georgia. DECIDED APRIL 24 1984. REHEARING DENIED MAY 15, 1984. WELTNER, Justice. Certiorari was granted to determine whether the mother of a child born out of wedlock may recover child support from the biological father where her claim was initiated after the death of the child.[1] […]

202 S.E.2d 418 DYE v. DYE. 28409.Supreme Court of Georgia.SUBMITTED NOVEMBER 13, 1973. DECIDED DECEMBER 3, 1973. REHEARING DENIED DECEMBER 17, 1973. In this divorce case there was no evidence that the wife committed inceptive fraud in obtaining a deed from her husband as a condition of their reconciliation in a former separation, and it […]

390 S.E.2d 45 DELTA CASCADE PARTNERS II v. FULTON COUNTY et al. S90A0288.Supreme Court of Georgia. DECIDED APRIL 12, 1990. BENHAM, Justice. This is an appeal from a superior court’s judgment upholding appellees’ denial of appellant’s zoning request.[1] Appellant sought to Page 100 have a 40.1-acre tract fronting on Cascade Road in Atlanta rezoned from […]

262 S.E.2d 69 MATHEWS v. MATHEWS. 35514.Supreme Court of Georgia.SUBMITTED OCTOBER 5, 1979. DECIDED NOVEMBER 21, 1979. BOWLES, Justice. The parties were divorced by decree entered August 18, 1972, in Fulton Superior Court. That decree provided appellant was to pay appellee the sum of $83.33 per month per child until each child shall reach the […]

90 S.E.2d 572 TAYLOR et al. v. SHETZEN et al. 19081.Supreme Court of Georgia.ARGUED SEPTEMBER 16, 1955. DECIDED NOVEMBER 14, 1955. REHEARING DENIED NOVEMBER 29, 1955. HAWKINS, Justice. 1. Under the decision in Toomey v. Norwood Realty Co., 211 Ga. 814 (89 S.E.2d 265), the order of the Commissioner of Roads and Revenues of DeKalb […]

30 S.E.2d 615 CLEMENTS v. CLEMENTS. 14863.Supreme Court of Georgia. JUNE 9, 1943. GRICE, Justice. 1. Where a contested issue in a divorce suit was whether or not the plaintiff was a resident of the county wherein the suit was brought, and had been for more than twelve months before filing the suit, and the […]

695 S.E.2d 234 ONONYE v. EZEOFOR. No. S10A0496.Supreme Court of Georgia. DECIDED MAY 17, 2010. NAHMIAS, Justice. Chimeze Ononye appeals from the judgment of the trial court entered in his partition action, which involved a residence he owned jointly with Catherine Ezeofor, his ex-wife. For the reasons that follow, we affirm. 1. Before addressing the […]

164 S.E.2d 108 ESTES v. THE STATE. 24846.Supreme Court of Georgia.ARGUED SEPTEMBER 12, 1968. DECIDED OCTOBER 10, 1968. 1. Admission of testimony of a police officer as to conversations with two persons was not erroneous as hearsay. 2. Testimony as to the contents of a statement by the defendant was properly admitted. 3. The evidence […]

396 S.E.2d 228 IN THE MATTER OF CHARLES A. LANFORD, JR. SUPREME COURT DISCIPLINARY NO. 799Supreme Court of Georgia. DECIDED SEPTEMBER 27, 1990. PER CURIAM. Charles A. Lanford, Jr. was indicted in the Superior Court of Bibb County for five counts of the felony of obtaining drugs by fraudulent means. He pleaded guilty to the […]

353 S.E.2d 19 ELLIS v. THE STATE. ARANGUREN v. THE STATE. 43607, 43891.Supreme Court of Georgia. DECIDED FEBRUARY 17, 1987. RECONSIDERATION DENIED MARCH 11, 1987. CLARKE, Presiding Justice. Arthur Ellis was charged by indictment for three counts of trafficking in cocaine and one count of criminal solicitation. Co-defendant Jorge Aranguren-Suarez (hereinafter “Suarez”) was charged with […]

373 S.E.2d 506 MORRISON v. THE STATE. 45572.Supreme Court of Georgia. DECIDED NOVEMBER 10, 1988. CLARKE, Presiding Justice. On January 9, 1987, Earnest Morrison raped and murdered the Page 684 wife of his uncle by marriage (his uncle’s first wife was Morrison’s aunt). Morrison, a drifter, had stayed with the couple for a few days […]

117 S.E.2d 155 JOHNSON v. FULTON COUNTY; and vice versa. 21048, 21049.Supreme Court of Georgia.ARGUED OCTOBER 10, 1960. DECIDED NOVEMBER 10, 1960. REHEARING DENIED NOVEMBER 22, 1960. DUCKWORTH, Chief Justice. 1. “A defendant can not decline to litigate in a suit in which he has already been brought into court, by bringing another action, since […]

61 S.E.2d 473 PHILLIPS v. THE STATE. 17252.Supreme Court of Georgia. OCTOBER 11, 1950. 1. Proof of any particular motive is not essential to establish the crime of murder. 2. The verdict finding the defendant guilty of murder is fully supported by the evidence. No. 17252. OCTOBER 11, 1950. Murder. Before Judge Edwards. Franklin Superior […]

239 S.E.2d 10 ARRINGTON et al. v. WATKINS. 32608.Supreme Court of Georgia.SUBMITTED AUGUST 9, 1977. DECIDED SEPTEMBER 28, 1977. NICHOLS, Chief Justice. Watkins filed an action to enjoin the Arringtons from trespassing on his property. The defendants answered, contending they had acquired a prescriptive easement by virtue of more than seven years continuous use and […]

189 S.E.2d 74 WAYMAN v. CALDWELL. 27094.Supreme Court of Georgia.SUBMITTED MARCH 13, 1972. DECIDED APRIL 6, 1972. UNDERCOFLER, Justice. Willie Wayman filed application for the writ of habeas corpus in the Superior Court of Tattnall County against E. B. Caldwell, Warden of the Georgia State Prison. After the hearing, the trial court remanded the applicant […]

387 S.E.2d 570 PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY v. BURNETTI. S89G0503.Supreme Court of Georgia. DECIDED JANUARY 30, 1990. WELTNER, Justice. Burnetti filed suit to recover “no-fault” benefits as a pedestrian, claiming that he was injured when he was forced to leap from the path of an oncoming automobile. There was no physical contact between […]

467 S.E.2d 885 IN THE INTEREST OF T.L.C. S96C0331Supreme Court of Georgia. DECIDED MARCH 11, 1996 PER CURIAM. Appellant, T.L.C., was adjudicated a delinquent by the Muscogee Juvenile Court based on a charge of theft by shoplifting. By the same order, the juvenile court also transferred the matter to the juvenile court of Russell County, […]

199 S.E.2d 902 PITTS v. GENERAL MOTORS ACCEPTANCE CORPORATION. 28065.Supreme Court of Georgia.ARGUED JULY 10, 1973. DECIDED SEPTEMBER 15, 1973. Since the constitutional question does not conform to the requirement that it be necessary to the determination of the case, and was not raised in the trial court, it was therefore improperly certified to this […]

263 S.E.2d 916 MOSES v. THE STATE. 35679.Supreme Court of Georgia.ARGUED JANUARY 15, 1980. DECIDED FEBRUARY 5, 1980. BOWLES, Justice. George Robert Moses was indicted in Walker County during the November Term 1978, for the murder of his sister, Mackey Elaine Caldwell. Following a jury trial he was found guilty and sentenced to life imprisonment. […]

182 S.E.2d 99 BROWN v. BUTTS. 26487.Supreme Court of Georgia.ARGUED APRIL 13, 1971. DECIDED MAY 6, 1971. UNDERCOFLER, Justice. The issue here is whether a nuncupative will may be probated where the testatrix thereafter signed a paper setting forth a disposition of her property. The evidence shows: On Sunday, March 8, 1970, about midnight Eliza […]

144 S.E.2d 369 RICKS v. THE STATE. 23060.Supreme Court of Georgia.ARGUED JULY 13, 1965. DECIDED SEPTEMBER 13, 1965. COOK, Justice. This case is controlled by the decision in Kitchens v. State, ante. Writ of error dismissed. All the Justices concur. ARGUED JULY 13, 1965 — DECIDED SEPTEMBER 13, 1965. Appellate procedure. Colquitt City Court. Before […]

257 S.E.2d 509 ALMOND v. ALMOND. 34979.Supreme Court of Georgia.SUBMITTED JUNE 1, 1979. DECIDED JUNE 20, 1979. REHEARING DENIED JULY 17, 1979. PER CURIAM. The husband appeals the trial court’s judgment holding him in contempt for failure to pay child support. His claim that he has been denied due process because the trial court heard […]

256 S.E.2d 331 BRADHAM v. THE STATE. 34517.Supreme Court of Georgia.SUBMITTED MARCH 2, 1979. DECIDED APRIL 24, 1979. REHEARING DENIED MAY 29, 1979. PER CURIAM. We granted certiorari to review Divisions 2, 3, 4, 5 and 6 of the Court of Appeals opinion issued in Bradham v. State, 148 Ga. App. 89 (250 S.E.2d 801) […]

403 S.E.2d 812 DISMUKE v. THE STATE. S91A0130.Supreme Court of Georgia. DECIDED MAY 13, 1991. SMITH, Presiding Justice. The appellant, Marvin Dewayne Dismuke, shot and killed Francisco Luna at Pop’s Game Room in Moultrie, Georgia. An exchange of words escalated into a confrontation in which Dismuke initially wielded a pool cue, and the victim wielded […]

252 S.E.2d 413 MORTON v. GARDNER et al. 33994.Supreme Court of Georgia.ARGUED SEPTEMBER 18, 1978. DECIDED JANUARY 5, 1979. REHEARING DENIED JANUARY 23, 1979. HALL, Justice. This appeal arises out of a libel action filed by Dr. William J. Morton against numerous parties who allegedly defamed his professional character. The defendants were four persons who […]

541 S.E.2d 364 CARREKER v. THE STATE. S01A0001.Supreme Court of Georgia. DECIDED: JANUARY 22, 2001 HUNSTEIN, Justice. Stacy Carreker was convicted of murder, aggravated assault and possession of a firearm during the commission of a crime arising out of the shooting death of Verdell Willis.[1] Finding no error in the trial court’s evidentiary rulings or […]