Category: Georgia Supreme Court Opinions

127 S.E.2d 918 MADDOX v. DIXIE FEEDS, INC. 21782.Supreme Court of Georgia.SUBMITTED SEPTEMBER 11, 1962. DECIDED OCTOBER 4, 1962. HEAD, Presiding Justice. 1. “As a general rule, the action on a contract, whether express or implied, or whether by parol or under seal or of record, shall be brought in the name of the party […]

152 S.E.2d 878 UNDERCOFLER, Commissioner v. SEABOARD AIR LINE RAILROAD COMPANY et al. DEKALB COUNTY v. SEABOARD AIR LINE RAILROAD COMPANY et al. GEORGIA MUNICIPAL ASSOCIATION v. SEABOARD AIR LINE RAILROAD COMPANY et al. 23785, 23786, 23787.Supreme Court of Georgia.ARGUED NOVEMBER 15, 1966. DECIDED DECEMBER 5, 1966. REHEARING DENIED DECEMBER 15, 1966. 1. The petition […]

443 S.E.2d 845 MIMS v. THE STATE. S93G1806.Supreme Court of Georgia. DECIDED JUNE 13, 1994. FLETCHER, Justice. Mims’ conviction of child molestation was affirmed by the Court of Appeals in Mims v. State, 209 Ga. App. 901 (434 S.E.2d 832) (1993). We granted Mims’ petition for writ of certiorari to address the question of whether […]

22 S.E.2d 313 HYDE v. CHAPPELL, commissioner. 14261.Supreme Court of Georgia. SEPTEMBER 22, 1942. 1. If a negative affirmation is an essential element of the case, it must be pleaded and proved. If not essential but pleaded by plaintiff, the defendant’s answer denying the allegations of the petition does not constitute a special plea; and […]

678 S.E.2d 891 MONGERSON v. MONGERSON. No. S09F0132.Supreme Court of Georgia. DECIDED JUNE 15, 2009. BENHAM, Justice. Appellant Eric Duane Mongerson and appellee Sandy Kay Ehlers Mongerson were married in March 1986 and were divorced by a judgment and decree filed October 1, 2007. This Court granted appellant Husband’s application for discretionary review pursuant to […]

196 S.E.2d 20 BLACK v. POOLE et al. 27646.Supreme Court of Georgia.SUBMITTED JANUARY 8, 1973. DECIDED FEBRUARY 8, 1973. JORDAN, Justice. This is a dispute involving title to land. The single issue before this court is whether a document is a will or a deed. The paper on its face purports to be a warranty […]

33 S.E.2d 699 WOOD v. FRAKER. 15130.Supreme Court of Georgia. APRIL 3, 1945. JENKINS, Presiding Justice. 1. The evidence is in conflict as to whether or not the plaintiff and the defendant, coterminous landowners, had, just prior to the litigation, staked off and agreed upon the line contended for by the defendant as constituting the […]

412 S.E.2d 839 EZZARD v. THE STATE. S91A1687.Supreme Court of Georgia. DECIDED DECEMBER 5, 1991. WELTNER, Justice. Steve Ezzard stabbed Larry Turner to death with a knife. He was convicted of murder and sentenced to life imprisonment.[1] We have reviewed all of the claims of error. We hold that the evidence is sufficient under Jackson […]

106 S.E.2d 789 DOUGHERTY COUNTY v. HAMILTON et al. 20306.Supreme Court of Georgia.SUBMITTED JANUARY 12, 1959. DECIDED JANUARY 15, 1959. ALMAND, Justice. Curtis L. Hamilton and Evelyn W. Hamilton filed their suit in the City Court of Albany against Dougherty County, seeking to recover damages for the value of a strip of land 100 feet […]

630 S.E.2d 374 FRICKEY v. JONES. S05G1935.Supreme Court of Georgia. DECIDED MAY 17, 2006. RECONSIDERATION DENIED JUNE 12, 2006. THOMPSON, Justice. We granted a writ of certiorari to the Court of Appeals i Jones v. Frickey, 274 Ga. App. 398 (618 SE2d 29) (2005) to consider whether that court erred in ruling that the evidence […]

439 S.E.2d 656 HUEY v. THE STATE. S93A1593.Supreme Court of Georgia. DECIDED FEBRUARY 7, 1994. RECONSIDERATION DENIED FEBRUARY 25, 1994. SEARS-COLLINS, Justice. The appellant, Gerald Steven Huey, was convicted of the murder of Tim Kent and of the theft by taking of money belonging to a man named Carol Baggett. The trial court sentenced Huey […]

676 S.E.2d 196 WATKINS v. THE STATE. No. S09A0472.Supreme Court of Georgia. DECIDED APRIL 28, 2009. MELTON, Justice. Following a jury trial, Jason Donte Watkins appeals his conviction for the murder of his girlfriend, Tamarisol Durham, contending that his right to confrontation was violated because the jurors considered extra-judicial information during deliberations and that he […]

311 S.E.2d 453 BALLARD v. THE STATE. 40541.Supreme Court of Georgia. DECIDED JANUARY 25, 1984. MARSHALL, Presiding Justice. The appellant, Richard Ballard, Jr., was convicted of the murder of his 15-month-old son, Willie Ballard. He was given a sentence of life imprisonment. His motion for new trial was denied. He now appeals. We affirm. The […]

109 S.E.2d 593 DUVALL v. COX et al. 20493.Supreme Court of Georgia.SUBMITTED MAY 12, 1959. DECIDED JUNE 5, 1959. A court of equity will not decree the specific performance of a contract for the sale of land unless there is a definite and specific statement of the subject matter, the parties, and the terms of […]

286 S.E.2d 299 WEST v. MAYOR COUNCIL OF THE CITY OF ATLANTA. 37932.Supreme Court of Georgia. DECIDED JANUARY 20, 1982. REHEARING DENIED FEBRUARY 3, 1982. CLARKE, Justice. This is an action for mandamus to compel the City of Atlanta to reimburse attorney fees and expenses of litigation under the Georgia Relocation Assistance and Land Acquisition […]

68 S.E.2d 566 DEAL v. LANIER. 17650.Supreme Court of Georgia.SUBMITTED NOVEMBER 13, 1951. DECIDED JANUARY 16, 1952. DUCKWORTH, Chief Justice. 1. The lower court having expressly disapproved ground one of the amended motion for new trial, it will not be dealt with here. Grand Chapter, Eastern Star v. Wolfe, 175 Ga. 867 (166 S.E. 755); […]

174 S.E.2d 418 YORK v. THE STATE. 25707.Supreme Court of Georgia.SUBMITTED MARCH 9, 1970. DECIDED APRIL 9, 1970. NICHOLS, Justice. The present appeal was filed after Willard York was convicted of the murder of Harold Edwin Trotter and his motion for new trial, based on the usual grounds only, overruled. The sole enumeration of error […]

318 S.E.2d 57 SHORE v. SHORE. 41099.Supreme Court of Georgia. DECIDED JULY 23, 1984. PER CURIAM. Appellant father filed an action for change of custody in August 1981, alleging a substantial change in conditions affecting the welfare of the minor child. The trial court referred the matter to the juvenile court for investigation and recommendations. […]

286 S.E.2d 28 BERRY v. PEACE OFFICERS ANNUITY BENEFIT FUND OF GEORGIA et al. 37977.Supreme Court of Georgia. DECIDED JANUARY 6, 1982. REHEARING DENIED JANUARY 27, 1982. MARSHALL, Justice. Berry’s claim for disability benefits under the Peace Officers’ Annuity and Benefit Fund of Georgia (the Fund) was denied by the Fund’s board of commissioners and […]

712 S.E.2d 820 JIG REAL ESTATE, LLC v. COUNTRYWIDE HOME LOANS, INC. et al. No. S11A0046.Supreme Court of Georgia. DECIDED JULY 5, 2011. HUNSTEIN, Chief Justice. Appellant JIG Real Estate, a limited liability company that speculates in real estate, brought this appeal to challenge the ruling of the trial court upholding the constitutionality of OCGA […]

277 S.E.2d 729 DEVIER v. THE STATE (two cases). 37331, 37416.Supreme Court of Georgia. DECIDED MAY 26, 1981. REHEARING DENIED JUNE 2, 1981. MARSHALL, Justice. The appellant was indicted for rape and murder in the Floyd Superior Court. He filed a plea to the jurisdiction and venue of the superior court. In this plea, he […]

223 S.E.2d 646 GABLE et al. v. GABLE. 30280.Supreme Court of Georgia.SUBMITTED SEPTEMBER 2, 1975. DECIDED FEBRUARY 11, 1976. GUNTER, Justice. This appeal is from a judgment that, in pertinent part, said: “That pursuant to the verdict of the jury, the last will and testament of George Christopher Gable be admitted to record as the […]

150 S.E.2d 667 MARSHALL v. RUSSELL, Executrix et al. 23576.Supreme Court of Georgia.ARGUED JULY 11, 1966. DECIDED SEPTEMBER 9, 1966. REHEARING DENIED SEPTEMBER 22, 1966. 1. Where a judgment of the court of ordinary shows on its face that there was jurisdiction of the parties and subject matter of a probate proceeding, the law presumes […]

89 S.E.2d 500 SIKES et al. v. CITY OF DUBLIN et al.; and vice versa. 19074, 19122.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1955. DECIDED OCTOBER 11, 1955. HAWKINS, Justice. 1. While the petition contains many grounds of attack upon § 20 of the charter, the zoning ordinances of the City of Dublin, and the manner […]

554 S.E.2d 454 HARPER v. HARPER. S01A0967.Supreme Court of Georgia. DECIDED: OCTOBER 22, 2001. CARLEY, Justice. Denver Harper (Testator) devised and bequeathed the majority of his estate to Russell Harper, Sr. (Propounder), who was only one of his three surviving sons. A disinherited son, Travis Harper (Caveator), filed a caveat to the will. Caveator contended […]

21 S.E.2d 417 HARDY v. BRANNEN et al. 14165.Supreme Court of Georgia. JULY 15, 1942. 1. Plaintiffs’ title to the land, for recovery of which their suit in ejectment was brought, having been established, and defendant having under the evidence failed to prove his claim of title based on adverse possession and acquiescence in dividing […]

33 S.E.2d 680 PIERCE et al. v. HARRISON. 15066.Supreme Court of Georgia. APRIL 4, 1945. BELL, Chief Justice. 1. A parol obligation to adopt the child of another as the child of the obligor, accompanied by a virtual though not a statutory adoption, and acted upon by all parties concerned for many years and during […]

80 S.E.2d 684 HERROD et al. v. O’BEIRNE et al. REEVES v. HERROD et al. 18449, 18450.Supreme Court of Georgia.ARGUED JANUARY 12, 1954. DECIDED FEBRUARY 8, 1954. REHEARING DENIED MARCH 10, 1954. 1. The act of the legislature here attacked (Ga. L. 1953, Jan.-Feb. Sess., p. 2788) is unconstitutional for reasons stated in the body […]

695 S.E.2d 38 SIMMONS et al. v. HARMS. No. S10A0267.Supreme Court of Georgia. DECIDED MAY 17, 2010. BENHAM, Justice. Harriet Harms executed a will on September 13, 2005, and died thirty months later on March 18, 2008, at age 93. In her 2005 will, she named her son, appellee Edward Harms, as executor of her […]

27 S.E.2d 322 BAILEY et al. v. WARLICK. 14601.Supreme Court of Georgia. OCTOBER 5, 1943. 1. Where, in response to an application for the writ of habeas corpus for custody of an infant child, the defendants objected by special plea to the jurisdiction of the court in which the proceeding was brought, and filed also […]

229 S.E.2d 371 HARDIN et al. v. GREAT NORTHERN NEKOOSA CORPORATION. 31180.Supreme Court of Georgia.SUBMITTED MAY 21, 1976. DECIDED SEPTEMBER 8, 1976. REHEARING DENIED SEPTEMBER 28, 1976. HALL, Justice. The issue here involves the construction of farm and timber leases and a declaration of respective rights of the parties. On May 9, 1960, Harry W. […]

223 S.E.2d 695 ATLANTA SUBURBIA ESTATES, LTD. v. DEKALB FEDERAL SAVINGS LOAN ASSOCIATION et al. CITY OF CONYERS et al. v. DEKALB FEDERAL SAVINGS LOAN ASSOCIATION et al. 30687, 30688.Supreme Court of Georgia.ARGUED JANUARY 19, 1976. DECIDED FEBRUARY 17, 1976. NICHOLS, Chief Justice. The appeals in these two cases arise from a single Page 316 […]

527 S.E.2d 872 HAMPTON. v. THE STATE. S99A1391.Supreme Court of Georgia. DECIDED: MARCH 27, 2000 HINES, Justice. Kevin Todd Hampton appeals his convictions for two counts of malice murder, one count of armed robbery, one count of possession of a silencer, and two counts of possession of a firearm during the commission of a felony, […]

254 S.E.2d 362 FLEMING v. REEVES. 34590.Supreme Court of Georgia.SUBMITTED MARCH 12, 1979. DECIDED APRIL 4, 1979. JORDAN, Justice. The judgment under review in this appeal is one remanding the custody of a six-year-old boy to the child’s maternal step-grandmother in a habeas corpus suit. Appellant, Joyce Reeves Fleming, claims the child as its natural […]

341 S.E.2d 854 LANEY v. WINKLES. 42901.Supreme Court of Georgia. DECIDED APRIL 24, 1986. RECONSIDERATION DENIED MAY 6, 1986. BELL, Justice. The appellant, Kathy Winkles Laney and the appellee, Dennis Winkles, were divorced in April 1984. The final judgment of divorce awarded Kathy and Dennis each an undivided 1/2 interest in the marital residence, and […]

627 S.E.2d 12 HEARD v. THE STATE. S06A0607.Supreme Court of Georgia. DECIDED FEBRUARY 27, 2006. RECONSIDERATION DENIED MARCH 27, 2006. BENHAM, Justice. Appellant Otis Heard pled guilty to a charge of malice murder in 1998. In August 2005, he filed a motion for out-of-time appeal and for the appointment of appellate counsel, contending his guilty […]

593 S.E.2d 328 FARLEY v. THE STATE. S04A0017.Supreme Court of Georgia. DECIDED MARCH 1, 2004. FLETCHER, Chief Justice. Anthony Wayne Farley was convicted of malice murder, aggravated assault, and possession of a firearm during the commission of a crime in connection with the shooting death of Staci Veronica Pollard. [1] Farley appeals, claiming that the […]

700 S.E.2d 589 PHAGAN v. THE STATE. No. S10A1051.Supreme Court of Georgia. DECIDED OCTOBER 4, 2010. HINES, Justice. This Court granted Delma Cecil Phagan’s application for a certificate of probable cause to appeal an order of the Superior Court of Hall County denying Phagan’s petition for writ of habeas corpus on the basis that the […]

67 S.E.2d 724 HARRIS v. ABNEY. 17586.Supreme Court of Georgia.ARGUED SEPTEMBER 11, 1951. DECIDED NOVEMBER 15, 1951. HEAD, Justice. 1. A description of land as “being parts of lots of land Nos. 44 and 45 in the 6th District and 4th Section of Chattooga County, Georgia, that lie north of L. A. Harris’ [lessor] present […]

352 S.E.2d 558 McGLAUN et al. v. SOUTHWEST GEORGIA PRODUCTION CREDIT ASSOCIATION. McGLAUN v. SOUTHWEST GEORGIA PRODUCTION CREDIT ASSOCIATION. 43887, 43888.Supreme Court of Georgia. DECIDED JANUARY 7, 1987. RECONSIDERATION DENIED FEBRUARY 12, 1987. GREGORY, Justice. Larry McGlaun, Nola McGlaun and the estate of Stewart McGlaun are owners of a tract of farmland in Webster County […]

213 S.E.2d 672 BROWN v. RICKETTS. 29418.Supreme Court of Georgia.SUBMITTED DECEMBER 2, 1974. DECIDED FEBRUARY 25, 1975. HILL, Justice. This habeas corpus petitioner was originally found guilty in June, 1973, by a Sumter Superior Court jury of two felonies (possessing marijuana and possessing depressant and stimulant drugs) and one misdemeanor (possessing dangerous drugs). After the […]

250 S.E.2d 447 McNABB v. CARVER et al. 34138.Supreme Court of Georgia.SUBMITTED OCTOBER 13, 1978. DECIDED NOVEMBER 8, 1978. HILL, Justice. The appellant, the mother of Tara Lynn Carver, brought a petition for writ of habeas corpus on April 11, 1977, naming as defendants her former husband, Kent Carlton Carver, and his parents. She alleged […]

53 S.E.2d 119 CROWN LAUNDRY et al. v. ROBERTSON. 16557.Supreme Court of Georgia. APRIL 13, 1949. CANDLER, Justice. The decision in this case is controlled by Crown Laundry v. Burch, ante, 211. Judgment affirmed. All the Justices concur. No. 16557. APRIL 13, 1949. Certiorari; from Court of Appeals. 78 Ga. App. 421. Pittman Hodge and […]

142 S.E.2d 255 WHITE et al. v. IRWIN, EXECUTOR. 22881.Supreme Court of Georgia.ARGUED MARCH 8, 1965. DECIDED APRIL 8, 1965. REHEARING DENIED APRIL 20, 1965. 1. There was no evidence of lack of testamentary capacity so as to create a question for the jury. 2. There was no issue of fact requiring submission to the […]

99 S.E.2d 821 COLLIER et al. v. STOKES. 19769.Supreme Court of Georgia.SUBMITTED JULY 9, 1957. DECIDED SEPTEMBER 6, 1957. WYATT, Presiding Justice. J. W. Stokes brought his petition against Frank S. Collier and Lena Bell Collier, seeking an injunction to prevent a continuing trespass upon lands claimed by him. The defendants answered denying that they […]

223 S.E.2d 663 RASMUSSEN v. MARTIN et al. 30649.Supreme Court of Georgia.ARGUED JANUARY 14, 1976. DECIDED FEBRUARY 11, 1976. INGRAM, Justice. This appeal, from the Superior Court of Hall County, seeks reversal of the trial court’s judgment in favor of the appellees notwithstanding a jury verdict for the appellant. This is an equitable action for […]

43 S.E.2d 535 WALLER v. WALLER. 15870.Supreme Court of Georgia. JULY 11, 1947. Under the evidence in this case the trial judge did not abuse his discretion in awarding custody of the minor children for a limited time during each year to the mother. No. 15870. JULY 11, 1947. Divorce, custody of minor child. Before […]

26 S.E.2d 181 SMITH et al. v. BIRD, administrator, et al. 14545.Supreme Court of Georgia. JUNE 11, 1943. ATKINSON, Justice. The instant case originated in a court of ordinary, and went by appeal to a superior court. The bill of exceptions recites that the case was “a caveat to the final return and dismission of […]

83 S.E.2d 22 REDWINE, State Revenue Commr., v. BROWNE-VINTNERS CO., INC. 18571.Supreme Court of Georgia.ARGUED MAY 11, 1954. DECIDED JUNE 14, 1954. DUCKWORTH, Chief Justice. In all material respects this case is identical with Redwine v. Schenley Industries, ante, except that no plea of estoppel is here involved; consequently the ruling in division 1 of […]

218 S.E.2d 633 JACKSON et al. v. FRATERNAL ORDER OF POLICE ATLANTA LODGE NO. 8 et al.; and vice versa. 29791, 29792.Supreme Court of Georgia.ARGUED APRIL 15, 1975. DECIDED SEPTEMBER 9, 1975. PER CURIAM. These two cases consist of a direct appeal by the city government (defendant below) and a cross appeal by city policemen […]

361 S.E.2d 181 DAWSON v. WADE. 44800.Supreme Court of Georgia. DECIDED OCTOBER 22, 1987. RECONSIDERATION DENIED NOVEMBER 4, 1987. WELTNER, Justice. Wade and Dawson own parcels of real property that are divided by Reedy Creek, Wade’s property being to the west and Dawson’s to the east of the creek. The creek is fed principally by […]

30 S.E.2d 477 STROUP v. MOUNT, sheriff. 14846.Supreme Court of Georgia. MAY 3, 1944. REHEARING DENIED JUNE 9, 1944. 1. A complaint that a confession, introduced in the trial of a criminal case in which the petitioner was convicted, was obtained by duress, does not present a good ground for habeas corpus, for the reason […]

211 S.E.2d 893 HERRING v. HERRING. 29462.Supreme Court of Georgia.SUBMITTED DECEMBER 13, 1974. DECIDED JANUARY 7, 1975. REHEARING DENIED JANUARY 22, 1975. NICHOLS, Chief Justice. Prior to a final determination of the controversy dealt with in Herring v. Herring, 232 Ga. 464 Page 485 (207 S.E.2d 452), the wife filed a separate petition in the […]

684 S.E.2d 241 BODKIN v. BOLIA et al. No. S09A0842.Supreme Court of Georgia. DECIDED SEPTEMBER 28, 2009. HINES, Justice. This is an appeal from the dismissal of a petition for writ of mandamus, filed pursuant to OCGA § 21-2-171 (c), [1] seeking to compel the grant of a nomination petition in an election for public […]

477 S.E.2d 804 GARRETT v. GARRETT. S96G0925.Supreme Court of Georgia. DECIDED OCTOBER 15, 1996 — RECONSIDERATION DENIED DECEMBER 5, 1996. CARLEY, Justice. In March of 1990, Ms. Cynthia Garrett and Dr. Wayne Garrett were married in Alabama and, in May of 1991, their daughter was born in that state. In October of 1991, Ms. Garrett […]

262 S.E.2d 138 RUSSELL et al. v. FLETCHER et al. 35566.Supreme Court of Georgia.ARGUED NOVEMBER 19, 1979. DECIDED DECEMBER 5, 1979. REHEARING DENIED DECEMBER 18, 1979. WELTNER, Judge. This court granted certiorari to review a judgment of the Court of Appeals relating to the powers of local boards of education. (Fletcher v. Russell, 151 Ga. […]

644 S.E.2d 127 WAITS v. THE STATE. No. S07A0469.Supreme Court of Georgia. DECIDED APRIL 24, 2007. RECONSIDERATION DENIED MAY 14, 2007. CARLEY, Justice. A jury found Appellant Marcie Waits guilty of involuntary manslaughter while in the commission of a simple battery, which was a lesser included offense in a malice murder count; one count of […]

677 S.E.2d 131 IN THE MATTER OF DAVID A. HARRIS. No. S09Y0691.Supreme Court of Georgia. DECIDED MAY 18, 2009. PER CURIAM. This disciplinary matter is before the Court on a Notice of Discipline filed by the State Bar against Respondent David A. Harris. The State Bar alleges that Harris violated Rules 1.15 (I) and (II) […]

448 S.E.2d 362 KING v. THE STATE. S94A0679.Supreme Court of Georgia. DECIDED OCTOBER 3, 1994. THOMPSON, Justice. Shannan King was convicted of malice murder and felony murder, based on the underlying felony of cruelty to children.[1] The victim, appellant’s 15-month-old son, died as a result of a blunt head trauma resulting in a skull fracture. […]

236 S.E.2d 65 JOHNSON v. THE STATE. 32154.Supreme Court of Georgia.SUBMITTED APRIL 1, 1977. DECIDED MAY 25, 1977. BOWLES, Justice. The appellant, Nick Johnson, was convicted of rape, kidnapping and aggravated sodomy. He was sentenced to three twenty-year terms to run consecutively. Appellant filed a motion for new trial on the general grounds and upon […]

33 S.E.2d 424 THIGPEN v. BATTS. 15105.Supreme Court of Georgia. MARCH 7, 1945. DUCKWORTH, Justice. 1. In this habeas-corpus proceeding brought by the mother for two minor children after her divorce from the father and her marriage to another man, it was error to admit in evidence, over timely objection on the ground that it […]

411 S.E.2d 874 IN THE MATTER OF L. HOWARD FREEMAN. SUPREME COURT DISCIPLINARY NO. 924.Supreme Court of Georgia. DECIDED JANUARY 17, 1992. PER CURIAM. Pursuant to State Bar Rule 4-219, the State Bar has notified this court that the Superior Court of Lowndes County accepted Freeman’s plea of nolo contendere to the offense of theft […]

388 S.E.2d 678 POTTS v. THE STATE. S89D0359.Supreme Court of Georgia. DECIDED FEBRUARY 15, 1990. CLARKE, Chief Justice. In 1976 defendant was convicted of the murder of Michael Priest and sentenced to death by the Forsyth County Superior Court. His sentence was overturned in Potts v. Zant, 734 F.2d 526 (11th Cir. 1984). After a […]

213 S.E.2d 633 CHANCEY v. HANCOCK. 29443.Supreme Court of Georgia.SUBMITTED JANUARY 13, 1975. DECIDED FEBRUARY 18, 1975. NICHOLS, Chief Justice. The appellee district attorney for the Piedmont Judicial Circuit brought this action in the Superior Court of Barrow County to enjoin and abate as a public nuisance a business establishment known as “Chancey’s Place,” operated […]

262 S.E.2d 57 THOMAS et al. v. FAIRBURN BANKING COMPANY. 35321.Supreme Court of Georgia.ARGUED SEPTEMBER 18, 1979. DECIDED NOVEMBER 21, 1979. HALL, Justice. Fairburn Banking Company is a judgment creditor of Earl Thomas. During the pendency of the suit by Fairburn Banking, Thomas conveyed certain of his properties to family members. Fairburn Banking discovered the […]

124 S.E.2d 73 HARROLD v. THE STATE. 21517.Supreme Court of Georgia.SUBMITTED JANUARY 9, 1962. DECIDED FEBRUARY 8, 1962. DUCKWORTH, Chief Justice. This being a criminal case not involving a conviction of a capital felony and the alleged constitutional violations in refusing to allow the defendant to be sworn as a witness and the refusal of […]

205 S.E.2d 297 R R INSURERS BUILDERS, INC. v. FINK. 28586.Supreme Court of Georgia.SUBMITTED JANUARY 15, 1974. DECIDED APRIL 23, 1974. GUNTER, Justice. The purchaser-appellant brought an action below for specific performance of a contract for the sale of realty against the seller-appellee. The trial court granted a motion for summary judgment in favor of […]

333 S.E.2d 599 BATTLE v. THE STATE. 42098.Supreme Court of Georgia. DECIDED SEPTEMBER 5, 1985. HILL, Chief Justice. John Wayne Battle was tried by a jury and convicted of murder and burglary with intent to rape. He was sentenced to life plus 20 years, to be served consecutively.[1] Judy Lynn Hanson’s body was found in […]

78 S.E.2d 494 WRIGHT v. THE STATE. 18361.Supreme Court of Georgia.SUBMITTED SEPTEMBER 15, 1953. DECIDED OCTOBER 13, 1953. REHEARING DENIED NOVEMBER 12, 1953. 1. Where a defendant, after his arrest, allows his pants or other wearing apparel to be removed by an officer, without objection, it is not error to allow such evidence to be […]

239 S.E.2d 321 CONCERNED TAXPAYERS OF CLARKE COUNTY et al. v. CLARKE COUNTY SCHOOL DISTRICT et al. 32377.Supreme Court of Georgia.SUBMITTED JUNE 3, 1977. DECIDED SEPTEMBER 7, 1977. REHEARING DENIED OCTOBER 26, 1977. HALL, Justice. The appellants sought an injunction against the Clarke County School District, and the members of its board of education, to […]

233 S.E.2d 785 WARREN v. WARREN. 31913.Supreme Court of Georgia.ARGUED FEBRUARY 15, 1977. DECIDED MARCH 10, 1977. HALL, Justice. This is an appeal from an order modifying child visitation rights under a 1973 divorce decree. The husband, the noncustodial parent, has now moved to Texas, and seeks modification of his visitation rights to accommodate his […]

189 S.E.2d 56 CAMP v. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY et al. 27156.Supreme Court of Georgia.ARGUED MARCH 15, 1972. DECIDED APRIL 6, 1972. REHEARING DENIED APRIL 20, 1972. The attacks made by the Fulton County taxpayer on the Constitutional Amendment authorizing the creation of a rapid transit system; the Act, as amended, creating the Metropolitan […]

294 S.E.2d 518 CLIFTON v. CLIFTON. 38800.Supreme Court of Georgia. DECIDED SEPTEMBER 9, 1982. REHEARING DENIED SEPTEMBER 23, 1982. HILL, Presiding Justice. Mary Clifton filed a petition for divorce on the ground the marriage was irretrievable broken. She also sought alimony, custody of the couple’s three daughters, and child support. The husband counterclaimed for divorce […]

507 S.E.2d 425 WOMACK v. STATE OF GEORGIA ET AL. S98A0810.Supreme Court of Georgia. DECIDED SEPTEMBER 14, 1998 — RECONSIDERATION DENIED OCTOBER 26, 1998. THOMPSON, Justice. Plaintiff, the Commissioner of Securities of the State of Georgia, brought suit against The GFI Financial, Inc. (“GFI”) and Virgil Womack, GFI’s president, seeking an injunction to prohibit defendants […]

523 S.E.2d 13 GLENN v. THE STATE. S99G0852.Supreme Court of Georgia. DECIDED: NOVEMBER 1, 1999 THOMPSON, Justice. Antonio Glenn was arrested and charged with various narcotics and weapons offenses, based on information provided to the police by a confidential informant. He filed a motion to compel the State to disclose the identity of the informant; […]

526 S.E.2d 558 GAINES v. SIKES. S00A0098.Supreme Court of Georgia. DECIDED: FEBRUARY 28, 2000 HUNSTEIN, Justice. We granted Robert Gaines a certificate of probable cause to appeal the denial of his petition for habeas corpus. Because we agree with Gaines that the habeas court relied upon an incomplete analysis of the law when evaluating his […]

269 S.E.2d 25 McGOWAN et al. v. NORTH GEORGIA PRODUCTION CREDIT ASSOCIATION. 36320.Supreme Court of Georgia.SUBMITTED JUNE 6, 1980. DECIDED JULY 1, 1980. BOWLES, Justice. Some of the issues in this case have been previously considered in North Ga. Production Credit Assn. v. Vandergrift, 239 Ga. 755 (238 S.E.2d 869) (1977) and in Vandergrift v. […]

401 S.E.2d 510 THE STATE v. CROSS. S90A1620.Supreme Court of Georgia. DECIDED FEBRUARY 27, 1991. HUNT, Justice. The state appeals, under OCGA § 5-7-1, the grant of the defendant’s motion to quash count one of its indictment, alleging the defendant, David L. Cross: on the 20TH day of AUGUST, 1987, did unlawfully with malice aforethought, […]

51 S.E.2d 420 SKINNER v. SKINNER et al. 16448.Supreme Court of Georgia. SEPTEMBER 25, 1948. ATKINSON, Presiding Justice. The mother of an illegitimate child is entitled to its custody and control (Code, § 74-203; Kilgore v. Tiller, 194 Ga. 527, 22 S.E.2d 150), which can be lost only by one of the grounds provided under […]

28 S.E.2d 579 LANIER v. GAY, next friend, et al. 14707.Supreme Court of Georgia. JANUARY 6, 1944. ATKINSON, Justice. Where, under the pleadings and the evidence in a proceeding for partition of land, a judgment is rendered upon which two or more possible assignments of error may be made, such as that it was contrary […]

635 S.E.2d 118 PUGA-CERANTES v. THE STATE. No. S06A1282.Supreme Court of Georgia. DECIDED SEPTEMBER 18, 2006. RECONSIDERATION DENIED OCTOBER 16, 2006. MELTON, Justice. Appellant Octavio Puga-Cerantes was convicted of malice murder, felony murder and aggravated assault in connection with the Page 79 fatal shooting of Hector Torres. He appeals from the denial of his motion […]

138 S.E.2d 653 FAIR v. THE STATE. 22582.Supreme Court of Georgia.SUBMITTED SEPTEMBER 14, 1964. DECIDED OCTOBER 13, 1964. MOBLEY, Justice. Certiorari was granted to review the judgment in Fair v. State, 109 Ga. App. 746 (137 S.E.2d 378), Page 327 which held that where a single criminal defendant was indicted under two indictments and the […]

416 S.E.2d 732 HAMLETT v. HUBBARD. S92A0227.Supreme Court of Georgia. DECIDED MAY 28, 1992. RECONSIDERATION DENIED JUNE 25, 1992. WELTNER, Presiding Justice. A petition under the Recall Act of 1989 as amended (OCGA §21-4-1 et seq.) was filed against a county school board member. Factual background The trial court reviewed the sufficiency of the petition […]

571 S.E.2d 383 C-STAFF, INC., et al. v. LIBERTY MUTUAL INSURANCE COMPANY. S02Q0764.Supreme Court of Georgia. Decided October 15, 2002 FLETCHER, Chief Justice. While pursuing efforts to execute on a judgment that Liberty Mutual Insurance Company had obtained against C-Staff, Inc., Liberty Mutual invoked OCGA § 9-11-69 to implead various persons and entities that had […]

440 S.E.2d 464 WILLIAMS v. THE STATE. S93A1971.Supreme Court of Georgia. DECIDED FEBRUARY 7, 1994. HUNT, Presiding Justice. Anthony Williams shot and killed Derrick Dollar with a handgun. He was convicted of felony murder and sentenced to life imprisonment.[1] He appeals and we affirm. 1. We have reviewed the evidence in the light most favorable […]

31 S.E.2d 407 MARTIN v. HOME OWNERS LOAN CORPORATION et al. 14950.Supreme Court of Georgia. SEPTEMBER 11, 1944. The equity features which this case originally contained having been abandoned or eliminated before the judgment sustaining the demurrer and dismissing the action, the Court of Appeals and not this court has jurisdiction. No. 14950. SEPTEMBER 11, […]

676 S.E.2d 221 BROWN v. THE STATE. No. S09A0245.Supreme Court of Georgia. DECIDED APRIL 28, 2009. CARLEY, Justice. Billy Ray Brown was charged with the malice murder of Larry Griggs and possession of a firearm during the commission of a crime. After a mistrial, a plea in bar was overruled, and Brown was retried before […]

159 S.E.2d 384 ALLISON v. MEDLOCK, Mayor, et al. 24362.Supreme Court of Georgia.ARGUED NOVEMBER 14, 1967. DECIDED JANUARY 18, 1968. 1. The ordinance attacked here is not ultra vires. 2. It does not attempt to make penal an act sanctioned by state law, and is not a special law for which there is a general […]

113 S.E.2d 626 WILLIAMSON v. FLOYD COUNTY WILDLIFE ASSOCIATION, INC., et al. 20797.Supreme Court of Georgia.ARGUED FEBRUARY 8, 1960. DECIDED MARCH 16, 1960. DUCKWORTH, Chief Justice. This case is one in ejectment, in which an equitable plea was filed, alleging that the absolute deed upon which the petitioner, Floyd County Wildlife Association, relies for title […]

469 S.E.2d 184 FIELDS v. THE STATE. S96A0582.Supreme Court of Georgia. DECIDED APRIL 29, 1996. FLETCHER, Presiding Justice. A jury convicted Roger Fields of the malice murder of Heather Davis, his 32-month-old stepdaughter.[1] He contends that he admitted hitting Heather only because police officers promised that he could attend her funeral. The trial court found […]

137 S.E.2d 295 BODZINER et al. v. GREENFIELD. 22496.Supreme Court of Georgia.SUBMITTED MAY 11, 1964. DECIDED JUNE 1, 1964. Where the right of the plaintiff to injunctive relief and the cancellation of a security deed depends upon the decision of an issue of fact and the evidence as to the issue and every phase thereof […]

37 S.E.2d 785 POULTRYLAND INC. et al v. ANDERSON et al. 15398.Supreme Court of Georgia. APRIL 2, 1946. 1. The petition as amended set forth a cause of action against the defendants to enjoin them from maintaining a continuing nuisance per accidens by the operation of a plant, within a residential and business section of […]

404 S.E.2d 269 KNOX v. THE STATE. S91A0803.Supreme Court of Georgia. DECIDED MAY 23, 1991. SMITH, Presiding Justice. The appellant, Sammy Lee Knox, was convicted of murder; felony-murder; three counts of aggravated assault; misdemeanor possession of cocaine; possession of less than one ounce of marijuana; carrying a concealed weapon, and carrying a pistol without a […]

612 S.E.2d 292 CARR v. THE STATE. S05A0393.Supreme Court of Georgia. DECIDED: APRIL 26, 2005. SEARS, Presiding Justice. The appellant, Christopher Carr, appeals from his conviction for the malice murder of Robert Trowell.[1] On appeal, Carr contends that the trial court erred in refusing to permit him to introduce evidence that allegedly showed that one […]

515 S.E.2d 839 MULLINAX v. STATE. MULLINAX v. POWELL. S99A0636, S99A0637.Supreme Court of Georgia. DECIDED: MAY 17, 1999. HUNSTEIN, Justice. This is an appeal by Charles Mullinax from the denial of his motion to reduce bond and from the denial of his pre-conviction petition for a writ of habeas corpus. For the reasons which follow […]

329 S.E.2d 897 FIRST NATIONAL BANK IN NEWNAN v. BLACKBURN et al. FIRST NATIONAL BANK IN NEWNAN v. BLACKBURN BROTHERS, INC. et al. 41986, 42179.Supreme Court of Georgia. DECIDED MAY 10, 1985. REHEARING DENIED MAY 28, 1985. WELTNER, Justice. These consolidated cases involve divorce, alimony, and equitable division of property. Mrs. Blackburn filed for divorce […]

563 S.E.2d 125 CARROLL v. THE STATE. S02A0354.Supreme Court of Georgia. DECIDED: APRIL 29, 2002. THOMPSON, Justice. Ronnie L. Carroll was convicted of felony murder, armed robbery, and burglary, in connection with the shooting death of Vernon Raborn.[1] On appeal, he asserts, inter alia, that the trial court erred in admitting into evidence a custodial […]

436 S.E.2d 495 ROGERS v. WOOD. S93A1359.Supreme Court of Georgia. DECIDED NOVEMBER 22, 1993. HUNSTEIN, Justice. Rogers, a prisoner incarcerated at the state penitentiary in Reidsville, filed in conjunction with his Tattnall County habeas corpus petition a mandamus action in Hall County, where he had been convicted,[1] seeking an order to compel the court reporter […]

405 S.E.2d 875 IN THE MATTER OF JOHN THURMAN HARP. SUPREME COURT DISCIPLINARY NO. 868Supreme Court of Georgia. DECIDED MAY 15, 1991. PER CURIAM. The State Bar of Georgia has petitioned this court, pursuant to State Bar Rule 4-108, for an emergency suspension of John Thurman Harp pending final disposition of disciplinary proceedings against him. […]

34 S.E.2d 685 HALEY, mayor, et al. v. BAILEY. 15200.Supreme Court of Georgia. JULY 3, 1945. 1. The motion to dismiss the writ of error on the ground that the case has become moot is denied. 2. The facts demanded a judgment denying mandamus absolute. No. 15200. JULY 3, 1945. Mandamus. Before Judge Crow. Dougherty […]