Category: Georgia Supreme Court Opinions

635 S.E.2d 134 LAWSON v. THE STATE. S06A0867.Supreme Court of Georgia. DECIDED SEPTEMBER 18, 2006. THOMPSON, Justice. Leo Mack Lawson was convicted by a jury of two counts of felony murder and various other offenses in connection with the shooting death of Ricky Hall.[1] For the reasons which follow, we affirm the judgments of conviction, […]

53 S.E.2d 549 WHITFIELD v. PITTS. 16607.Supreme Court of Georgia. MAY 11, 1949. 1. Under the law and the evidence, a finding was demanded that the testatrix was possessed of the requisite testamentary capacity in executing the will in question, and did so freely and voluntarily and without any undue influence being exercised upon her, […]

78 S.E.2d 785 BARDIN, TRUSTEE, v. WENDER REALTY COMPANY. 18399.Supreme Court of Georgia.SUBMITTED NOVEMBER 10, 1953. DECIDED NOVEMBER 12, 1953. REHEARING DENIED NOVEMBER 25, 1953. ALMAND, Justice. It not appearing that there was any service, acknowledgment of service, or waiver of service of the bill of exceptions after its certification by the trial judge, as […]

312 S.E.2d 116 IN THE MATTER OF CROSBY. SUPREME COURT DISCIPLINARY No. 289.Supreme Court of Georgia. DECIDED FEBRUARY 10, 1984. REHEARING DENIED FEBRUARY 28, 1984. PER CURIAM. This is a petition for reinstatement to membership in the Bar of this State brought by Abe Crosby, Jr. Petitioner was admitted to membership in the State Bar […]

127 S.E.2d 377 BURGESS v. THE STATE. 21723.Supreme Court of Georgia.SUBMITTED JULY 9, 1962. DECIDED SEPTEMBER 14, 1962. 1. The evidence amply supported the verdict finding the defendant guilty of murder. 2. The portion of the charge as to burden of proof following admission of the homicide was confusing and erroneous. 3, 4. The two […]

171 S.E.2d 500 GROSS et al. v. DEMPSEY et al. 25501.Supreme Court of Georgia.ARGUED NOVEMBER 10, 1969. DECIDED DECEMBER 4, 1969. NICHOLS, Justice. An action in equity was filed to enjoin the transfer of a cotton allotment as well as buildings on a tract of land in Rockdale County. The plaintiffs alleged that they had […]

508 S.E.2d 145 SMITH v. THE STATE. S98A1206.Supreme Court of Georgia. DECIDED OCTOBER 26, 1998. CARLEY, Justice. After a jury trial, Mark Steven Smith was found guilty of felony murder while in the commission of a robbery, robbery, and motor vehicle theft. Merging the robbery count into the felony murder count, the trial court sentenced […]

410 S.E.2d 30 PRUDENTIAL COMMERCIAL INSURANCE COMPANY et al. v. MICHIGAN MUTUAL INSURANCE COMPANY. S91Q0727.Supreme Court of Georgia. DECIDED NOVEMBER 1, 1991. SMITH, Presiding Justice. These questions are before us on certification from the United States Court of Appeals for the Eleventh Circuit. The appellant, Prudential Commercial Insurance Company (Prudential), as statutory subrogee of Charlotte, […]

415 S.E.2d 467 WHITE v. WHITE. S92A0177.Supreme Court of Georgia. DECIDED APRIL 9, 1992. BENHAM, Justice. Appellee Doris White, the sister of the decedent, appealed to superior court from the probate court’s order which denied her caveat to the purported will of her brother, admitted said purported will to probate, and appointed appellant Betty Jo […]

232 S.E.2d 59 SCOTT v. WILCOX. 31706.Supreme Court of Georgia.ARGUED NOVEMBER 22, 1976. DECIDED JANUARY 6, 1977. PER CURIAM. This is an appeal from a summary judgment issued by the Superior Court of Hart County. The case involves the construction of a real estate deed. The sole question before the trial court on both parties’ […]

313 S.E.2d 100 BOOZER v. HIGDON. 40167.Supreme Court of Georgia. DECIDED MARCH 14, 1984. SMITH, Justice. Harriet Boozer and Donna Higdon are sisters. In 1974 Higdon was adjudicated mentally incompetent and Boozer was appointed guardian of her person and property in Cobb County Probate Court. Higdon was declared restored to competency in 1979, and in […]

90 S.E.2d 14 HUMTHLETT et al. v. REEVES et al. REEVES v. HUMTHLETT et al. 19042, 19043.Supreme Court of Georgia.ARGUED SEPTEMBER 12, 1955. DECIDED OCTOBER 13, 1955. REHEARING DENIED NOVEMBER 16, 1955. 1. The Cobb County Zoning Act of 1943 (Ga. L. 1943, p. 902), as amended by the act of 1949 (Ga. L. 1949, […]

86 S.E.2d 298 BARNES v. THE STATE. 18846.Supreme Court of Georgia.SUBMITTED FEBRUARY 14, 1955. DECIDED MARCH 15, 1955. HAWKINS, Justice. William Barnes was tried and convicted in the City Court of Floyd County of an offense. He filed his motion for a new trial, which was subsequently amended, and upon the hearing the trial court […]

368 S.E.2d 737 GRANT v. THE STATE. 45615.Supreme Court of Georgia. DECIDED JUNE 9, 1988. WELTNER, Justice. In 1985 James E. Grant, Jr. entered guilty pleas to two counts of violations of OCGA § 16-13-30, which prohibits the sale of cocaine. He was sentenced to serve three years in prison. In 1987, after his release […]

135 S.E.2d 269 BRANCH v. BRANCH. 22274.Supreme Court of Georgia.SUBMITTED JANUARY 13, 1964. DECIDED JANUARY 22, 1964. REHEARING DENIED JANUARY 28, 1964. DUCKWORTH, Chief Justice. A citation for contempt for nonpayment of permanent alimony was set down for trial before a jury upon the filing of an answer by the respondent admitting the nonpayment but […]

244 S.E.2d 864 GUYE v. HOME INDEMNITY COMPANY et al. 33117.Supreme Court of Georgia.ARGUED MARCH 13, 1978. DECIDED APRIL 18, 1978. HILL, Justice. We granted certiorari in this workmen’s compensation case to consider whether, without medical evidence as to causation, any inference may be drawn as to the cause of a heart attack from the […]

385 S.E.2d 413 GIANNETTI v. GIANNETTI. S89A0228.Supreme Court of Georgia. DECIDED SEPTEMBER 28, 1989. SMITH, Justice. This case is controlled by Ashburn v. Baker, 256 Ga. 507 (350 S.E.2d 437) (1986). Judgment reversed. All the Justices concur. DECIDED SEPTEMBER 28, 1989. Contempt, etc. Fayette Superior Court. Before Judge Miller. Frazier Soloway, David N. Soloway, for […]

271 S.E.2d 627 ZUSMANN v. ZUSMANN. 36653.Supreme Court of Georgia. DECIDED SEPTEMBER 10, 1980. PER CURIAM. Appellant has not followed the appeal procedures required by law in domestic relations cases (Ga. Laws 1979, p. 619; Code Ann. § 6-701.1). Appeal dismissed. All the Justices concur. DECIDED SEPTEMBER 10, 1980. Contempt. Fulton Superior Court. Before Judge […]

200 S.E.2d 762 STROZIER v. THE STATE. 28242.Supreme Court of Georgia.SUBMITTED AUGUST 31, 1973. DECIDED SEPTEMBER 20, 1973. JORDAN, Justice. Eddie James Strozier was tried and convicted of armed robbery, rape and kidnapping in a single trial in Fulton Superior Court on November 3, 1971, and was sentenced to 20 years for the armed robbery, […]

306 S.E.2d 911 EDENFIELD v. JACKSON. 39943.Supreme Court of Georgia. DECIDED SEPTEMBER 21, 1983. REHEARING DENIED OCTOBER 18, 1983. HILL, Chief Justice. Plaintiff, the illegitimate daughter of Willie L. Jackson, was acknowledged at birth by her father in writing and, at his request, his name appears on her Florida birth certificate.[1] On January 12, 1980, […]

448 S.E.2d 347 PAFFORD v. BIOMET et al. S94G0154.Supreme Court of Georgia. DECIDED SEPTEMBER 19, 1994. RECONSIDERATION DENIED OCTOBER 17, 1994. CARLEY, Justice. In a surgical procedure performed at South Georgia Medical Center (Hospital) in 1988, a metal plate was installed in appellant-plaintiff’s back in an effort to stabilize his spine. Some months later, the […]

475 S.E.2d 627 HAPPOLDT v. THE STATE. S96A1006.Supreme Court of Georgia. DECIDED SEPTEMBER 23, 1996. HINES, Justice. James Milton Happoldt was found guilty of the malice murder and felony murder of his ex-wife Janice Buice, of aggravated assault on his son Jackson Happoldt, and possession of a firearm during the commission of a felony. We […]

249 S.E.2d 80 KRONITZ et al. v. FIFTH AVENUE DANCE STUDIO, INC. 33912.Supreme Court of Georgia.SUBMITTED AUGUST 4, 1978. DECIDED OCTOBER 18, 1978. MARSHALL, Justice. The appellee, a New York corporation, sued the resident appellants in the State Court of DeKalb County to recover on an authenticated New York judgment. The appellants filed defenses purportedly […]

619 S.E.2d 656 MARTIN v. BARRETT. S05A0856.Supreme Court of Georgia. DECIDED SEPTEMBER 19, 2005. CARLEY, Justice. In 1998, Michael Barrett was convicted of aggravated child molestation and two counts of cruelty to children. He was represented by two attorneys who served as public defenders. Barrett’s lead attorney at trial, Katie Anderson, also represented him on […]

122 S.E.2d 90 BROWN v. BROWN, nee FOXWORTH. 21321.Supreme Court of Georgia.ARGUED JULY 11, 1961. DECIDED OCTOBER 5, 1961. Where, in a divorce case, the defendant did not consent to trial during the September term, 1960, within one week of the appearance day, and the trial was not ripe until the January term, 1961, under […]

262 S.E.2d 794 TILLER v. TILLER. 35305.Supreme Court of Georgia.SUBMITTED AUGUST 30, 1979. DECIDED JANUARY 8, 1980. NICHOLS, Chief Justice. The proper venue for the former husband’s proceeding to modify the periodic permanent alimony provisions of the judgment in his divorce case was Elbert County, the stipulated county of residence of the former wife, rather […]

265 S.E.2d 796 BURGER v. THE STATE. 35709.Supreme Court of Georgia.ARGUED JANUARY 21, 1980. DECIDED MARCH 14, 1980. CLARKE, Justice. The appellant, Christopher A. Burger, was tried in Wayne County, convicted of murder and sentenced to death. The conviction was affirmed but the death sentence was reversed, and a new trial was ordered on the […]

177 S.E.2d 686 GROENENDIJK v. GROENENDIJK. 25957.Supreme Court of Georgia.ARGUED SEPTEMBER 17, 1970. DECIDED OCTOBER 8, 1970. REHEARING DENIED OCTOBER 22, 1970. NICHOLS, Justice. On December 16, 1969, the trial court rendered a judgment declaring the marriage sought to be dissolved by divorce to be void because of a prior undissolved marriage of the plaintiff. […]

349 S.E.2d 682 ALLISON v. AUTO-OWNERS INSURANCE COMPANY. 43268.Supreme Court of Georgia. DECIDED OCTOBER 29, 1986. RECONSIDERATION DENIED NOVEMBER 25, 1986. BELL, Justice. This case is here by way of certified question from the United States Court of Appeals for the Eleventh Circuit. See Rule 36 of the Supreme Court of Georgia; OCGA § 15-2-9. […]

659 S.E.2d 359 CS-LAKEVIEW AT GWINNETT, INC. v. SIMON PROPERTY GROUP, INC. et al. No. S07G0946.Supreme Court of Georgia. DECIDED MARCH 28, 2008. RECONSIDERATION DENIED APRIL 11, 2008. CARLEY, Justice. CS-Lakeview at Gwinnett, Inc. (CS-Lakeview) and related entities entered into a joint venture concerning commercial property with Simon Property Group, Inc. and related entities (Simon). […]

336 S.E.2d 755 MESSEX v. LYNCH. 42042.Supreme Court of Georgia. DECIDED NOVEMBER 27, 1985. SMITH, Justice. The appellant, Joyce Messex, developed a lump on her neck and her physician referred her to the appellee, Lawrence J. Lynch, M.D., to have the lump surgically excised so that it could be checked for malignancy. The appellee performed […]

232 S.E.2d 835 SMYTH et al. v. ANDERSON et al. 31803.Supreme Court of Georgia.ARGUED JANUARY 12, 1977. DECIDED FEBRUARY 9, 1977. INGRAM, Justice. This is a multifid dispute arising from the will of John P. Upshaw. The testator executed his will on April 29, 1931, died on January 16, 1937, and the will was probated […]

491 S.E.2d 782 MITCHAM v. BLALOCK et al. MITCHAM v. BLALOCK S97A0857. S97A1656.Supreme Court of Georgia. DECIDED SEPTEMBER 22, 1997 BENHAM, Chief Justice. In early 1987, appellant Michael Mitcham established an account at Atlanta Securities Investments (ASI) and invested $46,000 through ASI and broker Jones. Jones bought and sold high-risk securities without Mitcham’s authorization and […]

501 S.E.2d 200 IN THE MATTER OF JOHN C. SWEARINGEN. S98Y0695.Supreme Court of Georgia. DECIDED JUNE 1, 1998. PER CURIAM. The issue before the Court in this disciplinary matter is the appropriate discipline to impose against an attorney who has been convicted of felony possession of cocaine with intent to distribute, but who has had […]

389 S.E.2d 320 MEDERS v. THE STATE. S89P0175.Supreme Court of Georgia. DECIDED FEBRUARY 28, 1990. RECONSIDERATION DENIED MARCH 29, 1990. CLARKE, Chief Justice. The appellant, Jimmy Fletcher Meders, was convicted in Glynn County of malice murder and armed robbery. He was sentenced to death. Meders spent the afternoon and evening of October 13, 1987, in […]

368 S.E.2d 500 ANDERSON v. THE STATE. 45429.Supreme Court of Georgia. DECIDED JUNE 3, 1988. WELTNER, Justice. David Juan Anderson shot and killed Jeffery Street with a handgun. He was indicted for felony murder, and was tried and found guilty of that offense.[1] A group of people, including Anderson and Street, were gathered around an […]

368 S.E.2d 519 IN THE MATTER OF JAMES O. WILSON, JR. SUPREME COURT DISCIPLINARY NO. 631Supreme Court of Georgia. DECIDED APRIL 14, 1988. PER CURIAM. Respondent James O. Wilson, Jr., a lawyer from Fayetteville[1] , has petitioned for voluntary surrender of license to practice law in the State of Georgia. His petition is based primarily […]

67 S.E.2d 114 BRACEWELL et al. v. WARNOCK, Mayor, et al. 17580.Supreme Court of Georgia.ARGUED SEPTEMBER 11, 1951. DECIDED OCTOBER 9, 1951. 1. The plaintiffs as citizens and taxpayers were entitled to challenge the constitutionality of the act purporting to incorporate the Town of East Dublin (Ga. L. 1951, p. 2921). 2. The provision of […]

700 S.E.2d 558 SPALDING COUNTY BOARD OF ELECTIONS et al. v. MCCORD. No. S10A0864.Supreme Court of Georgia. DECIDED OCTOBER 4, 2010. NAHMIAS, Justice. On December 1, 2009, the Spalding County Board of Elections supervised a run-off election for the District 6 seat on the City of Griffin Board of Commissioners. The incumbent, appellee Rodney McCord, […]

22 S.E.2d 39 BEARD et al. v. BEARD et al. 14245.Supreme Court of Georgia. SEPTEMBER 21, 1942. The writ of error from a judgment refusing a new trial, after a verdict in favor of a plea in abatement, was premature and must be dismissed, where issues besides those raised by the plea remained to be […]

417 S.E.2d 655 BLACK v. DEPARTMENT OF TRANSPORTATION. S92A0377.Supreme Court of Georgia. DECIDED JUNE 11, 1992. RECONSIDERATION DENIED JULY 16, 1992. HUNT, Justice. The question raised in this appeal is whether the exemption under the Open Records Law, OCGA § 50-18-70 et seq., relating to appraisals obtained by the Department of Transportation (D.O.T.) for property […]

596 S.E.2d 138 TAYLOR v. THE STATE. S03G1056.Supreme Court of Georgia. DECIDED APRIL 27, 2004. THOMPSON, Justice. Thomas Taylor was convicted of theft by taking and his conviction was affirmed in an unreported opinion of the Court of Appeals. Taylor v. State, 259 Ga. App. XXVIII (2003) (not to be officially reported). In rendering its […]

149 S.E.2d 124 DIXON et al. v. EVANS. 23420.Supreme Court of Georgia.SUBMITTED APRIL 11, 1966. DECIDED MAY 5, 1966. 1. One claiming title to land under tax deeds which contain the provision that grantee is to have and hold the property “in as full and complete manner” as the party against whom the tax assessment […]

384 S.E.2d 668 IN RE JOHNSON. (ADMISSIONS DOCKET NO. 102) S90A0129.Supreme Court of Georgia. DECIDED OCTOBER 26, 1989. PER CURIAM. The Board to Determine Fitness of Bar Applicants declined to certify the applicant, Dwight Johnson, as possessing that good character Page 510 and moral fitness required to practice law in this state. Johnson appeals. After […]

187 S.E.2d 896 BRADY v. BRADY. 27025.Supreme Court of Georgia.SUBMITTED FEBRUARY 15, 1972. DECIDED MARCH 9, 1972. The evidence was not sufficient to show that the husband was in wilful contempt in his failure to pay alimony, and it was error to hold him in contempt. SUBMITTED FEBRUARY 15, 1972 — DECIDED MARCH 9, 1972. […]

283 S.E.2d 463 THE STATE v. BRINSON. 37619.Supreme Court of Georgia. DECIDED OCTOBER 27, 1981. PER CURIAM. We granted certiorari to review the determination of the Court of Appeals that the instant case must be remanded to the trial court “for entry of a written statement … showing the evidence relied upon and the reasons […]

129 S.E.2d 862 HUBBARD et al. v. HUBBARD et al. 21898.Supreme Court of Georgia.ARGUED JANUARY 15, 1963. DECIDED FEBRUARY 7, 1963. 1. It was not alleged that the petitioners did not have actual knowledge of the year’s support proceedings, and no reason is set forth why they could not have urged in the court of […]

95 S.E.2d 796 MARLOWE et al. v. MOSS. 19529.Supreme Court of Georgia.ARGUED NOVEMBER 13, 1956. DECIDED DECEMBER 5, 1956. MOTION TO VACATE JUDGMENT ALLOWED FILED AND DENIED DECEMBER 18, 1956. CANDLER, Justice. The record in the present case shows the following: John Marlowe, a resident of Tift County, died intestate on November 27, 1952. His […]

276 S.E.2d 35 SMITH et al. v. MILIKIN; and vice versa. 36829, 36830.Supreme Court of Georgia. DECIDED MARCH 13, 1981. REHEARING DENIED MARCH 31, 1981. CLARKE, Justice. This is an appeal and cross-appeal in the land line case concerning lots situated on St. Simons Island. The parties are contesting over a narrow, pie-shaped strip of […]

662 S.E.2d 131 WHITE v. THE STATE. No. S08A0215.Supreme Court of Georgia. DECIDED JUNE 2, 2008. MELTON, Justice. Following a jury trial, Terrence Raymone White was convicted of felony murder, theft by receiving stolen property, and various other offenses in connection, primarily, with the shooting death of Mark Freeman.[1] White appeals, contending, among other things, […]

334 S.E.2d 687 NORMAN v. NORMAN. 42381.Supreme Court of Georgia. DECIDED OCTOBER 1, 1985. RECONSIDERATION DENIED OCTOBER 17, 1985. CLARKE, Justice. Mr. Norman (appellant) and Mrs. Norman (appellee) were divorced in 1972. Mrs. Norman filed a modification action in 1984 which included prayers for enforcement of certain provisions of the 1972 decree. The court reserved […]

162 S.E.2d 396 SULLIVAN ENTERPRISES, INC. v. STOCKTON. 24629.Supreme Court of Georgia.ARGUED MAY 14, 1968. DECIDED MAY 23, 1968. DUCKWORTH, Chief Justice. This case is before this court on the denial of a motion to grant summary judgment urging that no attorney’s fees were due on an alleged default in the installment payments of a […]

264 S.E.2d 10 ROBINSON v. ROBINSON et al. 35768.Supreme Court of Georgia.SUBMITTED DECEMBER 21, 1979. DECIDED FEBRUARY 5, 1980. JORDAN, Justice. Appellant Annie Jean Robinson brought suit against Vernell Robinson, executrix, and her subsequent grantees claiming title to a certain tract of land which was in possession of the City of Adel as grantee in […]

444 S.E.2d 803 WILLIS v. THE STATE. S94A0273.Supreme Court of Georgia. DECIDED MAY 2, 1994. RECONSIDERATION DENIED MAY 26, 1994. HUNT, Chief Justice. Freddie Lee Willis, Jr. shot and killed Henry Michael Allen. A jury found him guilty of malice murder and the trial court sentenced him to life imprisonment.[1] Page 213 We have reviewed […]

684 S.E.2d 863 ROBINSON v. THE STATE. No. S09A0786.Supreme Court of Georgia. DECIDED OCTOBER 5, 2009. RECONSIDERATION DENIED NOVEMBER 2, 2009. HINES, Justice. This Court granted an interlocutory appeal in this malice murder prosecution to review the trial court’s ruling that Tyrell Robinson did not invoke his right to counsel during a custodial interrogation. As […]

206 S.E.2d 19 JOHNSON et al. v. FRANKLIN et al. 28748.Supreme Court of Georgia.ARGUED APRIL 8, 1974. DECIDED MAY 7, 1974. NICHOLS, Presiding Justice. The plaintiffs sued the defendants to enjoin a continuing trespass and to recover for timber cut from their land. The defendants’ answer alleged that they and not the plaintiffs, owned the […]

196 S.E.2d 410 CARTER v. CALDWELL. 27615.Supreme Court of Georgia. DECIDED JANUARY 4, 1973. The trial court did not err in remanding the appellant to custody. Page 377 Judgment affirmed. All the Justices concur. DECIDED JANUARY 4, 1973. Habeas corpus. Tattnall Superior Court. Before Judge Caswell. John Alvin Carter, pro se.

576 S.E.2d 876 BELL v. THE STATE S02A1869.Supreme Court of Georgia. Decided February 10, 2003 CARLEY, Justice. After Willie Fred Bell was found guilty of malice murder, aggravated assault, and theft of a motor vehicle, the trial court sentenced him to life imprisonment for the murder and to terms of years for the remaining counts. […]

306 S.E.2d 909 WEST v. THE STATE. 39940.Supreme Court of Georgia. DECIDED SEPTEMBER 21, 1983. CLARKE, Justice. West was indicted in Early County for the murder of Jerry Lester and for aggravated assault on Mose Freeman. A jury convicted him on both counts; he received a life sentence on the murder count and ten years […]

211 S.E.2d 778 POWELL v. PEACOCK. 29320.Supreme Court of Georgia. DECIDED NOVEMBER 5, 1974. The trial court did not err in remanding the appellant to custody. Judgment affirmed. All the Justices concur. DECIDED NOVEMBER 5, 1974. Habeas corpus. Wayne Superior Court. Before Judge Knox. Willie C. Powell, pro se. Page 401 Arthur K. Bolton, Attorney […]

576 S.E.2d 867 COCHRAN v. THE STATE. S02A1633.Supreme Court of Georgia. Decided February 10, 2003 SEARS, Presiding Justice. The appellant, Antonio Cochran, appeals from his convictions for several crimes stemming from the shooting death of Sarkis Hazzouri.[1] On appeal, Cochran contends, among other things, that the Page 284 trial court erred in its charge on […]

227 S.E.2d 255 McELROY v. STATE. 31225.Supreme Court of Georgia.ARGUED JUNE 15, 1976. DECIDED JULY 9, 1976. PER CURIAM. This appeal is from convictions of murder and aggravated assault for the death of one police officer and the wounding of another. The appellant was sentenced to life for the murder plus ten years for the […]

259 S.E.2d 482 BALLEW v. RIGGS et al. 34931.Supreme Court of Georgia.SUBMITTED MAY 18, 1979. DECIDED SEPTEMBER 11, 1979. JORDAN, Justice. This appeal raises the issue of the constitutionality of a section of the Georgia Long Arm Statute and arises from the following facts: Appellant Judy Ballew was driving home from work early in the […]

700 S.E.2d 390 DONALD v. THE STATE. No. S10A1118.Supreme Court of Georgia. DECIDED SEPTEMBER 20, 2010. MELTON, Justice. Following a jury trial, Steven Anthony Donald appeals his convictions for felony murder and possession of a firearm, [1] contending that, under the facts of this case, the trial court improperly instructed the jurors that “juries are […]

657 S.E.2d 834 SNYDER v. THE STATE. No. S07G1093.Supreme Court of Georgia. DECIDED FEBRUARY 25, 2008. BENHAM, Justice. At issue in this case is the construction of a portion of OCGA § 40-5-55, Georgia’s implied consent law. In pertinent part, OCGA § 40-5-55 provides that any person who operates a motor vehicle in Georgia shall […]

373 S.E.2d 212 IN THE MATTER OF CHARLES J. REICH. SUPREME COURT DISCIPLINARY NOS. 617, 618Supreme Court of Georgia. DECIDED OCTOBER 26, 1988. PER CURIAM. These two disciplinary actions stem from two formal complaints filed by the State Bar of Georgia against Charles J. Reich. At the heart of both formal complaints is Reich’s failure […]

233 S.E.2d 341 FOX v. THE STATE. 31817.Supreme Court of Georgia.SUBMITTED DECEMBER 27, 1976. DECIDED JANUARY 28, 1977. REHEARING DENIED FEBRUARY 23, 1977. NICHOLS, Chief Justice. Appellant was convicted of murder and sentenced to life imprisonment. He appeals, contending the evidence did not support the verdict. 1. The victim, David Willis, was found dead of […]

149 S.E.2d 698 BARKER v. WILKINSON, Executor, et al. TALLEY v. WILKINSON, Executor, et al. BERGER v. WILKINSON, Executor, et al. 23511, 23512, 23513.Supreme Court of Georgia.ARGUED JUNE 13, 1966. DECIDED JUNE 23, 1966. REHEARING DENIED JULY 7, 1966. CANDLER, Presiding Justice. J. T. Wilkinson, J. M. Price and B. G. Kitchens, as executors of […]

443 S.E.2d 831 HANDSON et al. v. HCA HEALTH SERVICES OF GEORGIA, INC. et al. S94G0162.Supreme Court of Georgia. DECIDED MAY 16, 1994. RECONSIDERATION DENIED JUNE 24, 1994. HUNT, Chief Justice. We granted certiorari to the Court of Appeals to determine whether the affidavit submitted by the Handsons is sufficient to satisfy the requirements of […]

262 S.E.2d 112 TURLEY v. TURLEY. 35205.Supreme Court of Georgia.SUBMITTED AUGUST 3, 1979. DECIDED DECEMBER 5, 1979. MARSHALL, Justice. The parties to this case were divorced by final judgment and decree of the Coweta Superior Court, which was entered on a jury verdict awarding alimony and child support to the wife. During the same term […]

158 S.E.2d 384 JONES et al. v. CITY OF COLLEGE PARK et al. 24335.Supreme Court of Georgia.ARGUED OCTOBER 10, 1967. DECIDED NOVEMBER 9, 1967. The City of College Park, which is partly within a county having a population of more than 100,000, is not authorized to annex territory under the provisions of Ga. L. 1962, […]

180 S.E.2d 542 CASH v. SMITH. 26344.Supreme Court of Georgia.ARGUED FEBRUARY 9, 1971. DECIDED FEBRUARY 15, 1971. MOBLEY, Presiding Justice. Relief was denied to appellant on his petition for habeas corpus predicated on the charge of the trial court on alibi. Several recent cases of this court have decided the question made by appellant adversely […]

588 S.E.2d 751 PROGRESSIVE PREFERRED INSURANCE COMPANY v. RAMIREZ. S03Q0854.Supreme Court of Georgia. DECIDED NOVEMBER 17, 2003. BENHAM, Justice. We are called upon in this case to answer two questions certified to us by the United States Court of Appeals for the Eleventh Circuit pursuant to constitutional and statutory authority. 1983 Ga. Const., Art. VI, […]

271 S.E.2d 802 HILL v. THE STATE. 36054.Supreme Court of Georgia.ARGUED APRIL 15, 1980. DECIDED SEPTEMBER 24, 1980. BOWLES, Justice. This is a death case. Defendant was convicted of the forcible rape and murder of a twelve-year-old girl. The jury sentenced him to death for the murder, finding two aggravating circumstances. One, that the offense […]

195 S.E.2d 21 UPTON v. THE STATE. 27553.Supreme Court of Georgia.ARGUED NOVEMBER 14, 1972. DECIDED DECEMBER 4, 1972. NICHOLS, Justice. The defendant was indicated for the murder of his wife. He was convicted of involuntary manslaughter in the commission of an unlawful act and sentenced to five years imprisonment. The appeal is from the conviction. […]

61 S.E.2d 128 CLARK v. GRIFFON. 17185.Supreme Court of Georgia. SEPTEMBER 11, 1950. 1. The petition as amended was not subject to the general demurrers of the defendant. 2. In an action to set up a resulting trust, parol evidence as to an oral agreement between the parties at the time legal title was taken […]

313 S.E.2d 482 TRENOR v. THE STATE. 40385.Supreme Court of Georgia. DECIDED MARCH 7, 1984. SMITH, Justice. Appellant Morris Wayne Trenor shot and killed Bryan Smith with a pistol on the evening of April 2, 1982. The two were acquaintances and had spent the day with friends (who witnessed the shooting) fishing, drinking, playing poker […]

265 S.E.2d 774 ALLEN et al. v. UNIGARD INSURANCE COMPANY. ADAIR REALTY COMPANY v. UNIGARD INSURANCE COMPANY. ZIMMERMAN’S, INC. v. UNIGARD INSURANCE COMPANY. 35635, 35636, 35637.Supreme Court of Georgia.ARGUED JANUARY 14, 1980. DECIDED FEBRUARY 26, 1980. REHEARING DENIED MARCH 18, 1980. CLARKE, Justice. This case comes before the court on a writ of certiorari which […]

423 S.E.2d 659 POLSTON v. BOOMERSHINE PONTIAC-GMC TRUCK, INC. et al. S92Q0580.Supreme Court of Georgia. DECIDED DECEMBER 3, 1992. RECONSIDERATION DENIED DECEMBER 17, 1992. BENHAM, Justice. This case comes to us as a certified question from the United States Court of Appeals for the Eleventh Circuit. The facts are fully set out in the Eleventh […]

213 S.E.2d 645 ROCKMART BANK v. DOSTER. 29602.Supreme Court of Georgia.SUBMITTED JANUARY 17, 1975. DECIDED FEBRUARY 18, 1975. NICHOLS, Chief Justice. This is an appeal from an order affirming a special master’s report recommending that the cancellation of record of a security deed be removed. Charles Doster purchased land at a foreclosure sale and claims […]

485 S.E.2d 202 IN THE MATTER OF: WALDEN G. HOUSMAN, JR. S96Y1128.Supreme Court of Georgia. DECIDED MAY 12, 1997. PER CURIAM. Respondent Walden G. Housman, Jr.’s pending disciplinary problems began in 1989, shortly after he received a $4200 settlement in a suit in which he represented the complainant. Respondent deposited the proceeds of the settlement […]

53 S.E.2d 369 LANKFORD v. SIMMS. 16630.Supreme Court of Georgia. MAY 12, 1949. DUCKWORTH, Chief Justice. 1. “Where the main purpose of the injunction is not to require affirmative action, such as the opening of a hole in a wall, or the like, but to restrain diversion of the water from the natural channel in […]

239 S.E.2d 386 PURCELL v. HOPKINS. 32859.Supreme Court of Georgia.ARGUED OCTOBER 13, 1977. DECIDED OCTOBER 25, 1977. HALL, Justice. This child custody case involves the validity of a 1974 order (entered by consent of the parties), which changed the custody of the two minor children from appellant to appellee for medical reasons. The sole challenge […]

259 S.E.2d 635 JACKSON et al. v. ALFORD et al. 34944.Supreme Court of Georgia.ARGUED JUNE 11, 1979. DECIDED SEPTEMBER 6, 1979. BOWLES, Justice. This appeal is brought by named officials of the City of Atlanta from a rule absolute entered by Fulton Superior Court, commanding them to pay appellees out of its city treasury expenses […]

583 S.E.2d 1 THE STATE v. CARLTON. S02G1175.Supreme Court of Georgia. Decided June 30, 2003 HINES, Justice. We granted certiorari to the Court of Appeals in Carlton v. State, 254 Ga. App. 653 (563 S.E.2d 521) (2002), to consider its determination in Division 2 that a detainer based on an arrest warrant for pending criminal […]

444 S.E.2d 771 BOARD OF TAX ASSESSORS OF COLUMBUS, GEORGIA et al. v. TOM’S FOODS, INC. S94A0602.Supreme Court of Georgia. DECIDED JUNE 27, 1994. CARLEY, Justice. OCGA § 48-5-18 (a) provides that: Except as otherwise provided in this Code section, each tax commissioner and tax receiver shall open his books for the return of taxes […]

162 S.E.2d 719 BUGDEN v. BUGDEN. 24755.Supreme Court of Georgia.SUBMITTED JULY 8, 1968. DECIDED JULY 16, 1968. FRANKUM, Justice. Mary Jean C. Bugden brought an action against Cyril Maxwell Bugden in the Superior Court of Coweta County seeking a revision of an award of permanent alimony for the support of herself and the minor children […]

674 S.E.2d 272 TIDWELL v. THE STATE. No. S08A1783.Supreme Court of Georgia. DECIDED MARCH 9, 2009. MELTON, Justice. Following a jury trial, Jerry Tidwell was found guilty of possession of methamphetamine with intent to distribute, possession of marijuana, and possession of drug-related objects. On appeal, Tidwell contends that the trial court erred in denying his […]

597 S.E.2d 363 IN THE MATTER OF STEPHEN ERIC REDD. S04Y1521.Supreme Court of Georgia. DECIDED JUNE 7, 2004. RECONSIDERATION DENIED JUNE 28, 2004. PER CURIAM. This disciplinary matter is before the Court pursuant to the Report and Recommendation of a special master who was appointed following the filing of a Formal Complaint by the State […]

219 S.E.2d 441 HARMON v. THE STATE. 30237.Supreme Court of Georgia.SUBMITTED AUGUST 22, 1975. DECIDED OCTOBER 1, 1975. JORDAN, Justice. The appellant, Lee Harmon, was indicted for the illegal sale of ethchlorvynol, a controlled substance under the Georgia Controlled Substances Act. Appellant filed a demurrer on the grounds that the indictment charged him with a […]

74 S.E.2d 1 ODOM v. ODOM. 18022.Supreme Court of Georgia.ARGUED NOVEMBER 12, 1952. DECIDED JANUARY 12, 1953. The judgment of the court below, sustaining a general demurrer to the motion to set aside the judgment in the instant case and dismissing the motion to set aside the judgment, was not error. No. 18022. ARGUED NOVEMBER […]

236 S.E.2d 853 BROCK v. THE STATE. 32412.Supreme Court of Georgia.SUBMITTED JUNE 17, 1977. DECIDED JUNE 28, 1977. PER CURIAM. Appellant entered guilty pleas in Whitfield Superior Court to one count of burglary and one count of possession of a knife during the commission of the burglary. Appellant was sentenced to five years on the […]

65 S.E.2d 791 KIRVEN v. BLACKETT et al. 17466.Supreme Court of Georgia.ARGUED MAY 15, 1951. DECIDED JUNE 13, 1951. REHEARING DENIED JULY 10, 1951. In an action by a purchaser to rescind a contract for the purchase of real estate on the ground of the fraudulent concealment of a material fact, the allegations of fact […]

244 S.E.2d 871 ADERHOLD v. JOHNSON. 33434.Supreme Court of Georgia.ARGUED APRIL 11, 1978. DECIDED APRIL 27, 1978. PER CURIAM. The trial court refused to hold the appellant husband’s former wife in wilful contempt for failure to allow “reasonable visitation,” and held the husband in contempt for failure to pay child support. We find no error. […]

463 S.E.2d 127 DICKINSON v. FUELLER. S95A1831.Supreme Court of Georgia. DECIDED NOVEMBER 13, 1995. BENHAM, Chief Justice. This appeal by Dickinson follows the trial court’s construction of the last will and testament of Barbara J. Fueller, the appellant’s grandmother.[1] In provision II of a “home-made will,” the testatrix left all of her property to her […]

660 S.E.2d 521 FOSTER v. THE STATE. No. S07A1668.Supreme Court of Georgia. DECIDED APRIL 14, 2008. RECONSIDERATION DENIED MAY 6, 2008. BENHAM, Justice. Waylon George was fatally shot in the parking lot of a Cobb County apartment complex where he had arranged to meet someone to purchase cocaine.[1] A woman who had accompanied the victim […]

20 S.E.2d 925 COLLIER v. DeJARNETTE SUPPLY COMPANY et al. 14108.Supreme Court of Georgia. MAY 20, 1942. REHEARING DENIED JUNE 15, 1942. An answer in the nature of a cross-action, which merely seeks to introduce new and distinct matter not germane to the original suit, is properly stricken on demurrer. No. 14108. MAY 20, 1942. […]

218 S.E.2d 585 LINDSEY v. THE STATE. 29925.Supreme Court of Georgia.SUBMITTED MAY 15, 1975. DECIDED SEPTEMBER 2, 1975. INGRAM, Justice. Appellant was indicted for murder and two counts of aggravated assault in the Superior Court of Coffee County. The trial court severed the aggravated assault charges. Appellant was found guilty of murder by a jury […]

257 S.E.2d 241 DENT v. THE STATE. 34779.Supreme Court of Georgia.SUBMITTED APRIL 13, 1979. DECIDED MAY 30, 1979. REHEARING DENIED JUNE 27, 1979. MARSHALL, Justice. The appellant was convicted of murdering her son-in-law, Paul Edward Barrett. She received a sentence of life imprisonment. She appeals. We affirm. The evidence showed that, on the day of […]