Category: Georgia Supreme Court Opinions

123 S.E.2d 827 LIGHTSEY v. DIXON et al. 21524.Supreme Court of Georgia.ARGUED JANUARY 9, 1962. DECIDED JANUARY 22, 1962. ALMAND, Justice. On the trial of an equitable action seeking an injunction and a decree of title to land, and on the defendant’s cross-action seeking to have the petitioner enjoined from interfering with possession of a […]

620 S.E.2d 812 ESCOBAR v. THE STATE. S05A0798.Supreme Court of Georgia. DECIDED OCTOBER 11, 2005. SEARS, Chief Justice. The appellant, Manuel Escobar, appeals from his convictions for the murder of Javier Olazaba; for the armed robbery of Olazaba, Francisco Trejo, and Jose Guardado; and for the possession of a firearm during the commission of a […]

92 S.E.2d 17 EDWARDS v. EDWARDS. 19249.Supreme Court of Georgia.ARGUED FEBRUARY 14, 1956. DECIDED MARCH 12, 1956. DUCKWORTH, Chief Justice. The exception here is to an order adjudging plaintiff in error to be in contempt of court for non-payment of alimony as required by a previous order of the court, and providing that he may […]

444 S.E.2d 322 HOBBS v. ARTHUR. DINKINS v. DEPENDABLE COURIER SERVICE, INC. S93G1837, S94G0225.Supreme Court of Georgia. DECIDED JUNE 27, 1994. RECONSIDERATION DENIED JULY 14, 1994. THOMPSON, Justice. These consolidated cases are before the Court from the grant of certiorari to consider the Court of Appeals decisions i Hobbs v. Arthur, 209 Ga. App. 855 […]

583 S.E.2d 32 CAMPBELL et al. v. STATE ROAD TOLLWAY AUTHORITY et al. S03A0160.Supreme Court of Georgia. Decided June 30, 2003 FLETCHER, Chief Justice. The State of Georgia filed a petition to confirm and validate the issuance of Federal Highway Grant Anticipation Revenue Bonds, Series 2002 (Garvee Bonds) in an amount not to exceed $822 […]

369 S.E.2d 482 MEDEIROS v. TARPLEY. 45713.Supreme Court of Georgia. DECIDED JULY 1, 1988. SMITH, Justice. The appellee, Linda Tarpley, filed a complaint for modification of child support. The appellant, Thomas Medeiros, filed a motion to dismiss for lack of jurisdiction which was denied. The parties were divorced in Georgia in 1974. The appellant has […]

402 S.E.2d 723 SCHREMBS v. ATLANTA CLASSIC CARS, INC. S91G0217.Supreme Court of Georgia. DECIDED APRIL 11, 1991. HUNT, Justice. We granted certiorari to the Court of Appeals in Schrembs v. Atlanta Classic Cars, 197 Ga. App. 450 (398 S.E.2d 712) (1990) to examine whether the trial court was authorized to strike the defendant’s answer and […]

321 S.E.2d 723 STONE v. THE STATE. 41271.Supreme Court of Georgia. DECIDED OCTOBER 17, 1984. WELTNER, Justice. Phillip Ronald Stone shot and killed Charles Taliaferro with a shotgun. He was convicted in one trial of murder and of possession of a firearm by a convicted felon. He now appeals his murder conviction.[1] Page 434 At […]

565 S.E.2d 457 IN THE MATTER OF JAMES WILLIAM QUINLAN S02Y1317.Supreme Court of Georgia. DECIDED: JUNE 10, 2002 PER CURIAM. This matter is before the Court on the Second Report and Recommendation of the Special Master, who recommends that Respondent James William Quinlan be disbarred for his violations of Standards 44 (lawyer shall not without […]

207 S.E.2d 455 CALHOUN v. COUCH. 28882.Supreme Court of Georgia.SUBMITTED MAY 13, 1974. DECIDED JUNE 25, 1974. REHEARING DENIED JULY 9, 1974. INGRAM, Justice. Appellant, an indigent, pleaded guilty in Baldwin Superior Court on September 8, 1972, to two counts of burglary. He was represented by appointed counsel. The court pronounced sentences of seven years […]

467 S.E.2d 891 WARREN v. BALLARD ET AL. SUBER v. LUKE ET AL. S95G1171, S95G1212Supreme Court of Georgia. DECIDED MARCH 15, 1996 BENHAM, Chief Justice. Although these two cases were not tried together in the trial court and were not heard together in the Court of Appeals, we granted certiorari in both to consider the […]

200 S.E.2d 266 FREDERICK v. DAVIS. 28107.Supreme Court of Georgia.SUBMITTED JULY 20, 1973. DECIDED SEPTEMBER 6, 1973. REHEARING DENIED SEPTEMBER 20, 1973. UNDERCOFLER, Justice. Appellant was cited for parole violation. At a hearing where he was represented by counsel, without solicitation and voluntarily, he admitted the commission of a crime other than that for which […]

536 S.E.2d 749 THOMPSON et al. v. EZOR S00G0613.Supreme Court of Georgia. DECIDED: OCTOBER 2, 2000 SEARS, Justice. This Court granted certiorari to consider the Court of Appeals’ ruling that the self-contradictory testimony rule ofProphecy Corp. v. Page 850 Rossignol, Inc.,[1] does not apply to the testimony of a non-party expert witness who submits an […]

365 S.E.2d 440 WARD v. BULLOCH COUNTY et al. 45155.Supreme Court of Georgia. DECIDED MARCH 16, 1988. CLARKE, Presiding Justice. At issue on appeal is the interpretation of Article I, Section II, Paragraph IX of the Constitution of the State of Georgia which Page 93 waives sovereign immunity “. . . as to those actions […]

651 S.E.2d 740 IN THE MATTER OF FRANKLIN WHITAKER THOMAS. No. S07Y1030.Supreme Court of Georgia. DECIDED OCTOBER 9, 2007. PER CURIAM. This disciplinary matter is before the Court on the Notice of Discipline for disbarment issued against Respondent Franklin Whitaker Thomas. As Thomas has failed to file a Notice of Rejection to the Notice of […]

448 S.E.2d 366 BASS v. BASS. S94A0909.Supreme Court of Georgia. DECIDED OCTOBER 3, 1994. CARLEY, Justice. From the time that appellant-Husband was given a 51 percent interest in a family corporation, he has worked full-time for that corporation. Appellee-Wife also worked for the corporation for several years. During the marriage, Husband’s interest in the corporation […]

44 S.E.2d 114 RHODES v. LANE. 15912.Supreme Court of Georgia. SEPTEMBER 5, 1947. 1. It is the general rule that a party will not be decreed partition if it would be contrary to his own agreement. 2. The petition, seeking an equitable partition of land with a building thereon, but showing by a copy of […]

589 S.E.2d 86 MILES v. BRYANT et al. S03A1258.Supreme Court of Georgia. DECIDED NOVEMBER 17, 2003. FLETCHER, Chief Justice. The narrow issue presented in this appeal is whether the will of Margaret C. Tidwell is properly attested. Emilee Miles, the propounder of the will, appeals the grant of summary judgment in favor of Grace Bryant […]

353 S.E.2d 805 ALLISON v. THE STATE. 43635.Supreme Court of Georgia. DECIDED MARCH 17, 1987. RECONSIDERATION DENIED APRIL 1, 1987. PER CURIAM. Richard Allison was convicted of child molestation. The Court of Appeals affirmed the conviction. Allison v. State, 179 Ga. App. 303 (346 S.E.2d 380) (1986). We granted certiorari to determine the admissibility of […]

267 S.E.2d 623 HILTS SOUTHERN EQUIPMENT COMPANY, INC. v. BASS. 35777.Supreme Court of Georgia.ARGUED JANUARY 21, 1980. DECIDED APRIL 9, 1980. PER CURIAM. After further consideration, we have concluded that the writ of certiorari in this case was improvidently granted, and it is therefore dismissed. Dismissed. All the Justices concur, except Undercofler, C. J., and […]

242 S.E.2d 628 BELL v. BELL. BELL v. CHURCH. 33218, 33219.Supreme Court of Georgia.SUBMITTED JANUARY 27, 1978. DECIDED FEBRUARY 7, 1978. PER CURIAM. The time for filing briefs in these cases as extended on the request of appellant has passed, and no briefs have been filed. The time for requesting oral argument has passed and […]

138 S.E.2d 585 SOUTHLAND TIMBER CORPORATION et al. v. STATE BANK TRUST COMPANY. 22632.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1964. DECIDED OCTOBER 8, 1964. Where there is no evidence to show that lumber in which the intervenors claim an interest was taken into a certain lumber yard and there mingled with the yard’s inventory, they […]

490 S.E.2d 102 LONG et al. v. FSL CORPORATION (two cases). S97A0643, S97A0726.Supreme Court of Georgia. DECIDED SEPTEMBER 22, 1997 RECONSIDERATION DENIED OCTOBER 10, 1997. BENHAM, Chief Justice. In the process of seeking a permit from the State of Georgia to build a landfill in Forsyth County, FSL Corporation was informed by the Department of […]

585 S.E.2d 77 THE STATE v. WALKER. S03G0431.Supreme Court of Georgia. Decided July 10, 2003 THOMPSON, Justice. We granted certiorari to the Court of Appeals in Walker v. State, 258 Ga. App. 354 (574 S.E.2d 317) (2002), to determine whether venue for the City Court of Atlanta must be proven to be in either Fulton […]

76 S.E.2d 387 FENNELL v. FENNELL. 18209.Supreme Court of Georgia.SUBMITTED MAY 11, 1953. DECIDED JUNE 9, 1953. The evidence did not show any change in circumstances materially affecting the welfare of the child since the rendition of the decree granting custody to the mother, and the father did not show any valid excuse for his […]

69 S.E.2d 248 DARBY et al. v. MAYOR c. OF STATESBORO. 17696.Supreme Court of Georgia.SUBMITTED JANUARY 14, 1952. DECIDED FEBRUARY 13, 1952. HEAD, Justice. F. W. Darby and wife filed an action against the “Mayor and Councilmen of the City of Statesboro,” and process was issued against the “Mayor and Council of the City of […]

259 S.E.2d 480 SMITH v. SMITH. 35245.Supreme Court of Georgia.SUBMITTED AUGUST 10, 1979. DECIDED SEPTEMBER 10, 1979. HILL, Justice. This is an appeal from a judgment of contempt for interference with visitation rights. The appellant former husband was granted a divorce from appellee wife in 1977. The accompanying agreement specified that custody of the minor […]

327 S.E.2d 716 SUTTER et al. v. HUTCHINGS et al. TURNER et al. v. HUTCHINGS et al. 41527, 41528.Supreme Court of Georgia. DECIDED MARCH 14, 1985. REHEARING DENIED MARCH 28, 1985. HILL, Chief Justice. We granted certiorari to decide the following question: Would a jury be authorized to find that a person who furnished alcohol […]

418 S.E.2d 25 WILLINGHAM v. THE STATE. S92A0624.Supreme Court of Georgia. DECIDED JULY 8, 1992. BENHAM, Justice. This appeal is from appellant’s convictions for murder, armed robbery, theft by taking, and arson.[1] The State’s evidence showed that appellant shot his father in the back of the head five Page 325 times,[2] took money and jewelry […]

31 S.E.2d 661 VARNELL v. O’BRYANT. 14934.Supreme Court of Georgia.SEPTEMBER 7, 1944. REHEARING DENIED OCTOBER 7, 1944. The court did not err in sustaining the general demurrer to the petition, which sought to enjoin the defendant from building a house allegedly projecting over on the lands of the plaintiff. This is true for the reason […]

238 S.E.2d 108 DANIEL v. DANIEL. 32269.Supreme Court of Georgia.SUBMITTED MAY 10, 1977. DECIDED SEPTEMBER 7, 1977. HALL, Justice. This is an appeal from an order of the Superior Court of Terrell County granting the appellee’s motion for summary judgment on the appellant’s counterclaim in a child support modification action. The appellant-husband and appellee-wife were […]

236 S.E.2d 80 CLAYTON COUNTY v. WORSHAM et al. 32304.Supreme Court of Georgia.ARGUED MAY 11, 1977. DECIDED MAY 25, 1977. NICHOLS, Chief Justice. Subsequent to this court’s decision in Coleman v. Kiley, 236 Ga. 751 (225 S.E.2d 273) (1976), the Clayton County Board of Education made demand upon the tax commissioner of Clayton County for […]

635 S.E.2d 132 PETERSON v. THE STATE. S06A0664.Supreme Court of Georgia. DECIDED SEPTEMBER 18, 2006. MELTON, Justice. Allen James Peterson was convicted of felony murder and sentenced to life imprisonment for the shooting death of Dyniesha Smith. He appeals from the denial of his motion for a new trial.[1] Finding no reversible error, we affirm. […]

64 S.E.2d 441 PATTERSON v. PATTERSON. 17414.Supreme Court of Georgia.ARGUED MARCH 12, 1951. DECIDED APRIL 9, 1951. 1. On the trial of an action by a wife for permanent alimony, where her husband pleads that the marriage between the parties has been dissolved by a judgment of a court in the State of Nevada, and […]

395 S.E.2d 811 MYERS v. THE STATE. S90A0594.Supreme Court of Georgia. DECIDED SEPTEMBER 27, 1990. BENHAM, Justice. This appeal is from appellant’s conviction for murder, armed robbery and theft by taking of a motor vehicle.[1] He was sentenced for those offenses to life imprisonment, twenty years, and ten years respectively. The evidence at trial showed […]

575 S.E.2d 508 IN THE MATTER OF AUDLEY ANTHONY BURRELL. S02Y1527.Supreme Court of Georgia. DECIDED: JANUARY 13, 2003 PER CURIAM. This disciplinary matter is before the Court pursuant to the Notice of Discipline filed by the State Bar alleging that Audley Anthony Burrell violated Standards 44 (wilful abandonment or disregard of a legal matter to […]

232 S.E.2d 240 WALTERS v. WALTERS. 31674.Supreme Court of Georgia.ARGUED NOVEMBER 22, 1976. DECIDED JANUARY 5, 1977. REHEARING DENIED JANUARY 27, 1977. PER CURIAM. This is an appeal from an order of Gwinnett Superior Court holding the appellant in contempt of court for failing to pay alimony and child support owed to his former wife […]

248 S.E.2d 651 SIMS v. THE STATE. 33982.Supreme Court of Georgia.SUBMITTED SEPTEMBER 1, 1978. DECIDED SEPTEMBER 27, 1978. BOWLES, Justice. Lillie May Sims was tried and convicted for the murder of Iris Mildred Hooks and received a life sentence. She appeals following the denial of her motion for new trial. We affirm. The evidence for […]

71 S.E.2d 219 FLETCHER v. FLETCHER. 17884.Supreme Court of Georgia.ARGUED MAY 12, 1952. DECIDED JUNE 9, 1952. The present action involving an agreement whereby a mother conveyed land to her son to enable him to get a start in business, and he at the same time reconveyed it to her, but the deed of reconveyance, […]

429 S.E.2d 908 AMICA MUTUAL INSURANCE COMPANY v. BOURGAULT et al. S93Q0484.Supreme Court of Georgia. DECIDED JUNE 1, 1993. HUNT, Presiding Justice. In this certified question from the Eleventh Circuit Court of Appeals, we are asked: Whether with respect to a[n] automobile insurance policy which covers vehicles principally garaged and used in another state but […]

516 S.E.2d 79 IN THE MATTER OF JOHN L. CRESON (two cases). S99Y0031, S98Y1932.Supreme Court of Georgia. DECIDED: MAY 17, 1999. PER CURIAM. In disciplinary action S99Y0031, Respondent John L. Creson was properly served with the State Bar’s Formal complaint charging him with violating Standards 44 (wilfully abandoning or disregarding a legal matter entrusted to […]

333 S.E.2d 371 SIMS et al. v. BROWN et al. 42258.Supreme Court of Georgia. DECIDED JULY 2, 1985. PER CURIAM. After plenary consideration of this matter, it is found not to satisfy the criteria for the grant of certiorari and the writ is therefore vacated. All the Justices concur, except Hill, C. J., and Clarke, […]

339 S.E.2d 715 HENRY v. DEPARTMENT OF TRANSPORTATION et al. 42981.Supreme Court of Georgia. DECIDED FEBRUARY 25, 1986. PER CURIAM. A trustee in bankruptcy sought to pursue in the superior court, as an asset of the debtor, a damage suit commenced by the debtor, as Page 468 plaintiff, against Cobb County. The trial court entered […]

217 S.E.2d 255 BRUTON v. THE STATE. 30011.Supreme Court of Georgia.SUBMITTED JUNE 4, 1975. DECIDED JUNE 17, 1975. REHEARING DENIED JULY 1, 1975. JORDAN, Justice. Philip Bruton appeals his conviction in the Clayton County Superior Court on charges of kidnapping and armed robbery. Appellant was sentenced to seven years imprisonment for the armed robbery count […]

62 S.E.2d 149 GLENS FALLS INDEMNITY CO. v. SOUTHEASTERN CONSTRUCTION CO., FOR USE OF GILL EQUIPMENT COMPANY. GLENS FALLS INDEMNITY CO. v. SOUTHEASTERN CONSTRUCTION CO., FOR USE OF BECKHAM et al. GLENS FALLS INDEMNITY CO. v. SOUTHEASTERN CONSTRUCTION CO., FOR USE OF D-A LUBRICANT COMPANY. 17222, 17223, 17224.Supreme Court of Georgia.NOVEMBER 13, 1950. REHEARING DENIED […]

64 S.E.2d 54 AIKEN v. RICHARDSON; et vice versa. 17375, 17380.Supreme Court of Georgia.MARCH 12, 1951. REHEARING DENIED MARCH 26, 1951. HEAD, Justice. 1. “Jurisdiction is not vested in the Supreme Court merely because it is contended that an action or judgment is or would be contrary to some provision of the Constitution.” City of […]

21 S.E.2d 580 BROWN v. THE STATE. 30445.Supreme Court of Georgia.SUBMITTED OCTOBER 28, 1975. DECIDED JANUARY 6, 1976. NICHOLS, Chief Justice. Jeanne Brown was indicted, tried and convicted for the murder of her husband, George Ray Brown, by cutting and stabbing him with a knife. She was sentenced to life imprisonment and, after a motion […]

448 S.E.2d 694 SCHUMAN v. THE STATE. S94G0929.Supreme Court of Georgia. DECIDED OCTOBER 11, 1994. HUNT, Chief Justice. We granted certiorari to the Court of Appeals in State v. Schuman, 212 Ga. App. 231 (441 S.E.2d 466) (1994) to determine whether the Court of Appeals erred in reversing the trial court’s pretrial dismissal of the […]

178 S.E.2d 177 PITTS v. THE STATE. 26136.Supreme Court of Georgia.SUBMITTED OCTOBER 14, 1970. DECIDED NOVEMBER 5, 1970. UNDERCOFLER, Justice. The appellant was convicted of armed robbery and sentenced to ten years imprisonment. He appeals from this judgment. Held: 1. Enumeration of error No. 1 complains that the line-up procedures violated the appellant’s constitutional rights […]

92 S.E.2d 109 NAIL v. NAIL, Executor, et al. 19268.Supreme Court of Georgia.ARGUED FEBRUARY 14, 1956. DECIDED MARCH 12, 1956. HAWKINS, Justice. 1. The final judgment of a court of competent jurisdiction enures to the benefit of and is binding upon the parties to it and their privies. Brock v. Garrett, 16 Ga. 487; Russell […]

41 S.E.2d 133 BLAIR v. SMITH. 15671.Supreme Court of Georgia. JANUARY 7, 1947. It was not error to overrule the motion for new trial. No. 15671. JANUARY 7, 1947. Damages. Before Judge Guess. Decatur City Court. April 23, 1946. T. A. Smith, in his action against A. F. Blair, alleged that: The defendant was a […]

170 S.E.2d 297 LOGAN, Commissioner, et al. v. DAVISON Tax Collector, et al. 25357.Supreme Court of Georgia.SUBMITTED SEPTEMBER 8, 1969. DECIDED SEPTEMBER 29, 1969. FELTON, Justice. In 1953 the people of Clarke County and Athens, Georgia, by special constitutional amendment authorized the merger of the respective school systems into one system and provided therein that […]

588 S.E.2d 738 THE STATE v. HEATH. S03G0528.Supreme Court of Georgia. DECIDED NOVEMBER 10, 2003. FLETCHER, Chief Justice. We granted certiorari in this case to consider the circumstances under which a court may apply a presumption of prejudice in evaluating a claim of ineffective assistance of counsel.[1] Because the presumption is applicable in only a […]

255 S.E.2d 728 GRIER v. GRIER. 34609.Supreme Court of Georgia.SUBMITTED FEBRUARY 23, 1979. DECIDED APRIL 17, 1979. PER CURIAM. The former husband was adjudicated to be in contempt for nonpayment of sums due to the former wife in accordance with a settlement agreement incorporated into their final judgment and decree of divorce. He appeals. This […]

312 S.E.2d 317 BURNS v. THE STATE. 40424.Supreme Court of Georgia. DECIDED FEBRUARY 16, 1984. SMITH, Justice. Charles Burns was accused of the offense of child abandonment, OCGA § 19-10-1 (Code Ann. § 74-9902). He denied paternity and moved for funds to pay for a blood test, as he was an indigent. His motion was […]

642 S.E.2d 37 APPLING v. THE STATE. FLOWERS v. THE STATE. Nos. S06A1837, S06A1838.Supreme Court of Georgia. DECIDED FEBRUARY 5, 2007. HUNSTEIN, Presiding Justice. Appellants Marco Devon Appling and Antonio Lamar Flowers were jointly tried and convicted of the malice murder of Alphonso Parks, the aggravated assault of James Antonio Overton, and other related offenses.[1] […]

441 S.E.2d 750 RUSSELL v. THE STATE. S94A0515.Supreme Court of Georgia. DECIDED APRIL 18, 1994. FLETCHER, Justice. Chaviano Russell was convicted of murder for the shooting death of the victim and sentenced to life in prison.[1] The evidence at trial, considered in the light most favorable to the verdict, showed that on the day of […]

132 S.E.2d 183 PISTOR v. THE STATE. 22061.Supreme Court of Georgia.ARGUED JUNE 10, 1963. DECIDED JULY 3, 1963. 1. Where it appears from the evidence that a mortal wound was inflicted upon the deceased in DeKalb County and that this wound was the cause of death, venue for trial was properly Page 162 laid in […]

113 S.E.2d 437 SIMS et al. v. McELHANNON. 20809.Supreme Court of Georgia.ARGUED FEBRUARY 8, 1960. DECIDED MARCH 15, 1960. REHEARING DENIED MARCH 30, 1960. CANDLER, Justice. This court is without jurisdiction to review a case where the bill of exceptions is not filed with the clerk of the court where the case was tried within […]

72 S.E.2d 288 BLAIR v. BLAIR. 17948.Supreme Court of Georgia.SUBMITTED JULY 15, 1952. DECIDED SEPTEMBER 2, 1952. HEAD, Justice. The bill of exceptions recites that the judgment sustaining the demurrer and dismissing the petition was rendered on May 16, 1952. The certificate of the trial judge recites that the bill of exceptions was tendered on […]

326 S.E.2d 748 BERRY v. THE STATE. 41573.Supreme Court of Georgia. DECIDED MARCH 14, 1985. HILL, Chief Justice. Anthony Undra Berry was convicted of murder, criminal attempt to commit robbery, and theft by taking, and was sentenced to life imprisonment on the murder charge with ten-year sentences on each of the other two charges. He […]

99 S.E.2d 209 GULF OIL CORPORATION v. STANFIELD. 19729.Supreme Court of Georgia.SUBMITTED JUNE 10, 1957. DECIDED JULY 3, 1957. REHEARING DENIED JULY 22, 1957. The trial court properly sustained the general demurrers of the defendant Gulf Oil Corporation, and the Court of Appeals erred in reversing this judgment. SUBMITTED JUNE 10, 1957 — DECIDED JULY […]

296 S.E.2d 573 AMERICAN PHOTOCOPY EQUIPMENT COMPANY OF ATLANTA v. HENDERSON et al. 38939.Supreme Court of Georgia. DECIDED OCTOBER 27, 1982. GREGORY, Justice. In October, 1981 the defendant was hired as the service manager for C D Graphics, Inc., a corporation which sold and serviced photocopying equipment. It is undisputed that C D Graphics had […]

387 S.E.2d 138 THE BOARD OF COMMISSIONERS OF RICHMOND COUNTY v. COOPER. S89A0422.Supreme Court of Georgia. DECIDED JANUARY 19, 1990. CLARKE, Chief Justice. Appellee Cooper, the owner of an establishment known as Norman’s Electric Galaxy, Inc., applied for an on-premises beer and wine license. His application was denied by the Board of Commissioners. Cooper sought […]

221 S.E.2d 14 LEWIS v. WILLIFORD. 30236.Supreme Court of Georgia.ARGUED SEPTEMBER 3, 1975. DECIDED NOVEMBER 4, 1975. REHEARING DENIED NOVEMBER 24, 1975. UNDERCOFLER, Presiding Justice. Sara Lewis filed a complaint against Mrs. T. W. Williford in the Jefferson Superior Court seeking cancellation of a deed which she alleged to be a cloud on her title. […]

577 S.E.2d 548 SMITH v. THE STATE. S02A1881.Supreme Court of Georgia. Decided February 24, 2003 THOMPSON, Justice. Defendant Eric Deandre Smith was convicted of malice murder and possession of a firearm during the commission of a felony in connection with the death of Derrick Colbert.[1] He appeals, asserting, inter alia, he was denied the right […]

401 S.E.2d 691 EMORY UNIVERSITY v. LEVITAS et al. DEKALB COUNTY, GEORGIA v. LEVITAS et al. S90A1675, S90A1676.Supreme Court of Georgia. DECIDED MARCH 11, 1991. BELL, Justice. These appeals stem from our grant of applications to appeal filed by Emory University (hereafter Emory) and DeKalb County (hereafter DeKalb). Emory and DeKalb contend, inter alia, that […]

158 S.E.2d 241 REID, by Guardian v. WILKERSON et al.; and vice versa. 24323, 24324.Supreme Court of Georgia.SUBMITTED OCTOBER 9, 1967. DECIDED OCTOBER 20, 1967. REHEARING DENIED NOVEMBER 9, 1967. 1. The description and power of sale contained in the deed to secure debt executed by the plaintiff’s grantor were not invalid as contended by […]

301 S.E.2d 643 DANIEL v. DANIEL (two cases). 39347, 39348.Supreme Court of Georgia. DECIDED APRIL 19, 1983. HILL, Chief Justice. The parties were divorced in March, 1981. In connection with their divorce, they executed a separation agreement which provided that husband would pay wife a specified amount as alimony until she died or remarried. That […]

475 S.E.2d 614 HENDERSON v. DEPARTMENT OF TRANSPORTATION ET AL. S96A0905.Supreme Court of Georgia. DECIDED SEPTEMBER 9, 1996. SEARS, Justice. The appellant, Mae Ola Henderson, is the executrix of the estate of David Martin. On March 6, 1992, Martin was traveling on a road that is part of the state highway system when he was […]

100 S.E.2d 276 WARD v. McGUIRE. 19858.Supreme Court of Georgia.SUBMITTED SEPTEMBER 12, 1957. DECIDED OCTOBER 11, 1957. A lessee in possession of real estate, covered by a security deed, for a term of ten years with an option to purchase such property, has such an interest in the property that he can make a valid […]

175 S.E.2d 654 KELLAR v. THE STATE. 25721.Supreme Court of Georgia.ARGUED APRIL 14, 1970. DECIDED JUNE 9, 1970. HAWES, Justice. 1. Richard Travis Kellar was convicted of robbery by using an offensive weapon and sentenced to twenty years in prison. In the enumeration of errors filed with his appeal to this court he enumerates seven […]

221 S.E.2d 586 DUPREE v. THE STATE. 30525.Supreme Court of Georgia.SUBMITTED NOVEMBER 25, 1975. DECIDED JANUARY 6, 1976. UNDERCOFLER, Presiding Justice. The appellant was convicted of murder and sentenced to life imprisonment. He appeals to this court. The appellant contends in his only enumeration of error that the trial court erred in allowing in evidence […]

178 S.E.2d 806 PHILLIPS v. SMITH. 26156.Supreme Court of Georgia.SUBMITTED NOVEMBER 9, 1970. DECIDED DECEMBER 3, 1970. UNDERCOFLER, Justice. The appellant brought this action of habeas corpus contending that his parole was revoked without a hearing. The trial judge found that the appellant had a parole hearing before the State Pardon and Parole Board and […]

221 S.E.2d 602 HAGSTROM v. HAGSTROM. 30539.Supreme Court of Georgia.SUBMITTED NOVEMBER 25, 1975. DECIDED JANUARY 8, 1976. HALL, Justice. This appeal is brought by Hagstrom, husband in a divorce action, from an order of the trial court relating to attorney fees for wife’s attorney (hereinafter designated “Attorney”). Attorney had represented wife during most of the […]

93 S.E.2d 746 SEARS v. MINCHEW, Administrator, et al. 19355.Supreme Court of Georgia.ARGUED MAY 15, 1956. DECIDED JUNE 12, 1956. 1. The laws of Georgia control all questions involving descent and distribution in this State, and the question of whether or not a person born of a deceased person whose estate is being administered in […]

280 S.E.2d 830 FIRST PRESBYTERIAN CHURCH OF ATLANTA v. PRICE. SERVANTS OF RELIEF FOR INCURABLE CANCER, INC. v. PRICE. PRICE et al. v. PRICE et al. 37264, 37265, 37333.Supreme Court of Georgia. DECIDED JULY 14, 1981. REHEARING DENIED JULY 28, 1981. HILL, Presiding Justice. This is a will construction case. May Evins Gilfillan died on […]

656 S.E.2d 514 DAVENPORT v. THE STATE. No. S07A1332.Supreme Court of Georgia. DECIDED JANUARY 28, 2008. BENHAM, Justice. Christopher D. Davenport appeals his conviction for the felony murder of three-year-old Joycelyn Broadway.[1] The evidence at trial showed that while the woman with whom he was living worked, Davenport stayed home with her daughter Joycelyn. As […]

354 S.E.2d 129 NORTHERN ASSURANCE COMPANY OF AMERICA v. KARP. 43999.Supreme Court of Georgia. DECIDED APRIL 8, 1987. RECONSIDERATION DENIED APRIL 22, 1987. HUNT, Justice. Plaintiff, Cindy Karp, reported the loss of a VCR and camera equipment from her car while attending a gift show at the Merchandise Mart in Atlanta on July 5, 1985. […]

194 S.E.2d 472 GEORGIA-PACIFIC CORPORATION v. DAN AUSTIN PROPERTIES, INC. et al. 27350.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1972. DECIDED DECEMBER 4, 1972. HAWES, Justice. Georgia-Pacific Corporation filed a claim of lien as a supplier of materials against Dan Austin Properties, Inc., et al., and sought to foreclose it. The trial court denied relief and […]

26 S.E.2d 538 BORUM et al. v. DEESE et al. 14587.Supreme Court of Georgia. JULY 7, 1943. 1. An agreement between cotenants of a city lot, on which is located a residence, to occupy the same jointly as a home, does not constitute the relation between them of a partnership as defined by law. The […]

336 S.E.2d 242 PARKER v. THE STATE. 42339.Supreme Court of Georgia. DECIDED NOVEMBER 19, 1985. WELTNER, Justice. Appellant, Byran Ashley Parker, was convicted in Douglas County of murder and rape. Parker was sentenced to death on the recommendation of the jury, which found that the murder was committed while the offender was engaged in the […]

227 S.E.2d 16 MAHONE v. THE STATE. 31142.Supreme Court of Georgia.SUBMITTED MAY 17, 1976. DECIDED JUNE 22, 1976. NICHOLS, Chief Justice. Thomas James Mahone was jointly indicted and tried with Firm Pierce for the armed robbery of the Home Federal Savings Loan Association in Columbus, Page 121 Georgia. The conviction of Firm Pierce was affirmed […]

409 S.E.2d 647 CLACK v. HENRY COUNTY. S91A0574.Supreme Court of Georgia. DECIDED NOVEMBER 1, 1991. BENHAM, Justice. Clack built a dam on his property abutting an unpaved road in Henry County. It is undisputed that the road has never been formally dedicated to the county, but that the county acquired a right-of-way by prescription. In […]

580 S.E.2d 523 THE STATE v. PERKINS S02G1850.Supreme Court of Georgia. Decided May 5, 2003 Reconsideration Denied June 2, 2002 CARLEY, Justice. William Thomas Perkins was charged in separate citations with felony vehicular homicide and reckless driving, both of which crimes arose out of the same automobile collision. Where a death is caused by reckless […]

236 S.E.2d 836 BROOKS v. HOPPER. 32703.Supreme Court of Georgia. DECIDED JULY 15, 1977. NOTE: PURSUANT TO DIRECTION FROM THE SUPREME COURT, AN OPINION WILL NOT BE PUBLISHED IN THIS HABEAS CORPUS CASE. RULE 32 (k), SUPREME COURT RULES. The judgment of the superior court is reversed and remanded for further proceedings. Judgment reversed. All […]

244 S.E.2d 5 COOPER v. COOPER. 33317.Supreme Court of Georgia.SUBMITTED FEBRUARY 17, 1978. DECIDED APRIL 3, 1978. BOWLES Justice. This appeal is from an order of the Chatham County Superior Court, finding appellant in contempt of court for his failure to pay child support in violation of an earlier decree. He was found to owe […]

52 S.E.2d 841 THORNTON, executrix, et al. v. HARDIN et al. 16579.Supreme Court of Georgia. APRIL 13, 1949. The allegations of the petition, seeking cancellation of a sheriff’s deed as a cloud upon title, and to enjoin the defendants from attempting to take possession of the property, were insufficient as against general demurrer to set […]

60 S.E.2d 366 FARRAR v. AINSWORTH, executrix. 17168.Supreme Court of Georgia. JULY 12, 1950. While a bill of exceptions assigning error only on an order overruling exceptions to an auditor’s report is not a final judgment, nevertheless, where the court goes further and makes the auditor’s report the judgment of the court, thus adjudicating the […]

385 S.E.2d 651 STATE OF GEORGIA v. McAFEE. S89A0561.Supreme Court of Georgia. DECIDED NOVEMBER 21, 1989. GREGORY, Justice. Larry James McAfee suffered a severe injury to his spinal cord in a motorcycle accident in 1985 which left him quadriplegic. Mr. McAfee Page 580 is incapable of spontaneous respiration, and is dependent upon a ventilator to […]

204 S.E.2d 143 WYNN v. CALDWELL. 28427.Supreme Court of Georgia.SUBMITTED NOVEMBER 16, 1973. DECIDED FEBRUARY 20, 1974. JORDAN, Justice. Ulious Wynn appeals an order of the Tattnall County Superior Court dated August 28, 1973, denying his application for writ of habeas corpus and remanding him to the custody of the respondent. The appellant was convicted […]

491 S.E.2d 50 UNITED STATES FIDELITY GUARANTY COMPANY v. REID S97G0257.Supreme Court of Georgia. DECIDED OCTOBER 6, 1997 CARLEY, Justice. In order to recover damages allegedly sustained in an automobile collision in December of 1991, Karen Reid filed suit in February of 1993 against Spencer Lee Parker and Bobby Parker, who were insured by State […]

537 S.E.2d 44 HEIDLER v. THE STATE S00P0808.Supreme Court of Georgia. DECIDED: OCTOBER 2, 2000 CARLEY, Justice. A jury convicted Jerry Scott Heidler of the following offenses: four counts of malice murder; kidnapping with bodily injury; two counts of kidnapping; aggravated sodomy; aggravated child molestation; child molestation; and, burglary. For the murders, the jury recommended […]

566 S.E.2d 680 WEBB v. THE STATE. S02A0689.Supreme Court of Georgia. DECIDED: JULY 15, 2002 SEARS, Presiding Justice. The appellant, Sallie Webb, appeals from her conviction for the Page 426 malice murder of General Lee Chambers.[1] On appeal, Webb contends that the evidence is insufficient to support her conviction, that three jurors should have been […]

204 S.E.2d 622 CAHOON et al. v. WARD et al. CLINE et al. v. WARD et al. 28306, 28307.Supreme Court of Georgia.SUBMITTED SEPTEMBER 28, 1973. DECIDED MARCH 7, 1974. REHEARING DENIED MARCH 21, 1974. JORDAN, Justice. This appeal stems from a judgment of the trial court dismissing the complaint for failure to state a claim […]

709 S.E.2d 223 CARTER v. THE STATE. No. S10A1999.Supreme Court of Georgia. DECIDED MARCH 18, 2011. RECONSIDERATION DENIED APRIL 12, 2011. MELTON, Justice. Following a jury trial, Jerrod Carter was found guilty of malice murder, armed robbery, and aggravated assault in connection with the shooting death of Lawrence Chambliss.[1] On appeal Carter contends, among other […]

77 S.E.2d 511 BAILEY v. THE STATE. 18254.Supreme Court of Georgia.ARGUED JUNE 10, 1953. DECIDED SEPTEMBER 16, 1953. 1. The provisions of the act of 1952 (Ga. L. 1952, pp. 205, 206), that, in the event of an acquittal of a person accused of crime by reason of insanity, the jury shall so state in […]

87 S.E.2d 846 FLOYD, Commissioner, et al. v. THOMAS. 18943.Supreme Court of Georgia.SUBMITTED MAY 9, 1955. DECIDED JUNE 14, 1955. DUCKWORTH, Chief Justice. 1. A court of equity, at the instance of citizens and taxpayers of a county, may enjoin the county commissioners from carrying into effect an unauthorized order or illegal contract. Dancer v. […]