Category: Georgia Supreme Court Opinions

152 S.E.2d 360 YEARWOOD v. NATIONAL BANK OF ATHENS. 23755.Supreme Court of Georgia.ARGUED OCTOBER 11, 1966. DECIDED NOVEMBER 10, 1966. The allegations of threats of criminal prosecution were insufficient to show such duress as would render voidable the note and deed to secure debt executed by the appellant. ARGUED OCTOBER 11, 1966 — DECIDED NOVEMBER […]

114 S.E.2d 852 GARDNER v. THE STATE. 20881.Supreme Court of Georgia.ARGUED MAY 9, 1960. DECIDED JUNE 9, 1960. REHEARING DENIED JUNE 28, 1960. MOBLEY, Justice. Hilton Gardner was convicted of murder without a recommendation for mercy, in the Superior Court of Lamar County. From the judgments overruling his demurrer to the indictment and denying his […]

527 S.E.2d 177 BLAIR v. BLAIR. S99A1459.Supreme Court of Georgia. DECIDED: FEBRUARY 21, 2000. HINES, Justice. We granted ex-wife, Ms. Blair, discretionary appeal to determine whether the trial court’s award, entered pursuant to her contempt action against her ex-husband, properly reflected the amount Ms. Blair should have received to compensate her for her ex-husband’s failure […]

300 S.E.2d 152 CARTER v. BECTON et al. 39231.Supreme Court of Georgia. DECIDED FEBRUARY 23, 1983. REHEARING DENIED MARCH 9, 1983. MARSHALL, Presiding Justice. Joe Graham, owner of an 8 1/2-acre tract of land in Chatham County, died in 1926. He lived on the property with his niece and nephew, Diane Carter and Primus Carter, […]

668 S.E.2d 709 ARKWRIGHT v. ARKWRIGHT. No. S08F1399.Supreme Court of Georgia. DECIDED OCTOBER 27, 2008. MELTON, Justice. On January 19, 2007, Evelina Carmela Arkwright (“Wife”) filed for divorce from Dennis Eugene Arkwright (“Husband”) in the Superior Court of DeKalb County. Following an October 10, 2007 bench trial at which Husband and his attorney failed to […]

549 S.E.2d 90 CITY OF ROSWELL et al. v. OUTDOOR SYSTEMS, INC., n/k/a INFINITY OUTDOOR, INC. S01A0117.Supreme Court of Georgia. DECIDED: JULY 2, 2001 FLETCHER, Presiding Justice. The City of Roswell enacted a temporary moratorium on applications for billboard signs after its sign ordinance was struck down as unconstitutional. During the month that the moratorium […]

134 S.E.2d 3 BALKCOM, Warden v. SHORES. 22225.Supreme Court of Georgia.ARGUED OCTOBER 14, 1963. DECIDED NOVEMBER 7, 1963. The petitioner in this habeas corpus proceeding was not denied the right of counsel in his sentencing, and his discharge from custody of the respondent warden was error. ARGUED OCTOBER 14, 1963 — DECIDED NOVEMBER 7, 1963. […]

171 S.E.2d 143 HERRIN v. HERRIN. 25452.Supreme Court of Georgia.SUBMITTED OCTOBER 14, 1969. DECIDED NOVEMBER 6, 1969. UNDERCOFLER, Justice. This appeal was docketed in this court on August 22, 1969. No enumeration of error was filed until September 9, 1969. Ga. L. 1965, pp. 18, 29, § 14, as amended by Ga. L. 1965, pp. […]

404 S.E.2d 101 BENTLEY v. THE STATE. S91A0298.Supreme Court of Georgia. DECIDED MAY 10, 1991. BENHAM, Justice. This appeal is from appellant’s conviction of murder, armed robbery, kidnapping, and theft by taking.[1] Appellant contends on appeal that the evidence adduced at trial was insufficient to support the convictions and that the trial court erred in […]

268 S.E.2d 333 INGRAM v. RUTLEDGE. 36281.Supreme Court of Georgia.SUBMITTED MAY 23, 1980. DECIDED MAY 27, 1980. UNDERCOFLER, Chief Justice. Leonard Ingram was convicted of burglary and sentenced to 15 years in March, 1977. In December, 1978, he was granted habeas corpus relief by order of this court and given an out-of-time appeal. On remittitur, […]

541 S.E.2d 32 DUNBAR v. DUNBAR. S99A1818.Supreme Court of Georgia. DECIDED: FEBRUARY 14, 2000 PER CURIAM. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur, except Sears and Carley, JJ., whodissent. Equity. DeKalb County Superior Court. Before Hon. Clarence F. Seeliger. J. Eugene Wilson, WILSON LEGAL SERVICES, for appellant. Laurene Sanders Duhart, […]

123 S.E.2d 261 CARR v. JOHN J. WOODSIDE STORAGE COMPANY, INC., et al. 21354.Supreme Court of Georgia.ARGUED OCTOBER 9, 1961. DECIDED OCTOBER 24, 1961. REHEARING DENIED NOVEMBER 10 AND NOVEMBER 21, 1961. CANDLER, Justice. Mrs. Carr sued John J. Woodside Storage Company, Inc. and Transport Insurance Company for damages in the Superior Court of McDuffie […]

202 S.E.2d 26 PHILLIPS v. STYNCHCOMBE. 28122.Supreme Court of Georgia.SUBMITTED JULY 27, 1973. DECIDED NOVEMBER 9, 1973. REHEARING DENIED NOVEMBER 29, 1973. 1. Under the circumstances here, the appellant was not entitled to a commitment hearing as a requisite to his trial for a felony. 2. There is no merit in the enumeration that the […]

80 S.E.2d 157 EVANS v. THE STATE. 18402.Supreme Court of Georgia.SUBMITTED NOVEMBER 10, 1953. DECIDED JANUARY 11, 1954. REHEARING DENIED FEBRUARY 11, 1954. WORRILL, Justice. 1. The trial court did not err, as complained of in the seventh and eighth special grounds of the amended motion for new trial, in permitting two named witnesses to […]

57 S.E.2d 83 ELDERS v. ELDERS. 16869.Supreme Court of Georgia. JANUARY 9, 1950. Where, on the hearing of the wife’s petition seeking custody of her two minor children, upon an alleged change in conditions since the judgment awarding custody to the husband, the only evidence of a change was the husband’s admission that there was […]

501 S.E.2d 163 WEHUNT v. THE STATE. S98A2005.Supreme Court of Georgia. DECIDED JANUARY 19, 1999. HINES, Justice. Michael Wehunt appeals his convictions and sentences for malice murder and possession of a firearm by a convicted felon. In his sole enumeration of error, he contends the evidence was insufficient Page 457 to support the verdicts.[1] Viewed […]

248 S.E.2d 646 ADKINS v. ADKINS. 33871.Supreme Court of Georgia.SUBMITTED JULY 28, 1978. DECIDED SEPTEMBER 27, 1978. UNDERCOFLER, Presiding Justice. This appeal is from a contempt order for failure to make child support payments under a divorce decree. The order provided for purge of the contempt upon payment. We affirm. 1. Findings of fact and […]

265 S.E.2d 3 HORNE v. HORNE. 35574.Supreme Court of Georgia.SUBMITTED NOVEMBER 9, 1979. DECIDED FEBRUARY 6, 1980. REHEARING DENIED FEBRUARY 26, 1980. CLARKE, Justice. The wife, appellee in this case, filed an action seeking a modification of a prior award of permanent alimony in the form of child support. The husband appellant here, defended the […]

33 S.E.2d 292 WEST v. WEST. 15067.Supreme Court of Georgia. FEBRUARY 17, 1945. REHEARING DENIED MARCH 7, 1945. WYATT, Justice. 1. The only issue at the hearing of a rule for contempt on account of a failure to pay a temporary-alimony judgment being the ability or inability of the husband to make the delinquent payments, […]

205 S.E.2d 418 TAYLOR v. CALDWELL. 28183.Supreme Court of Georgia. DECIDED FEBRUARY 7, 1974. 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. Case remanded. Judgment reversed with direction. All the Justices concur. DECIDED FEBRUARY 7, 1974. Habeas corpus. […]

535 S.E.2d 756 BECK v. THE STATE. S00A1022.Supreme Court of Georgia. DECIDED: OCTOBER 10, 2000. SEARS, Justice. The appellant, Steve Lee Beck, was convicted of the murder of Donnie Jones, of the aggravated assault of Ben Lawson, of the aggravated assault of Gene Cline, of three counts of the possession of a firearm during the […]

586 S.E.2d 305 IN THE MATTER OF STEPHEN M. FRIEDBERG. IN THE MATTER OF DONALD J. STEIN. IN THE MATTER OF HOWARD WARREN GOLDSTEIN. S01Y0714, S01Y0716, S01Y0717.Supreme Court of Georgia. DECIDED SEPTEMBER 8, 2003. RECONSIDERATION DENIED OCTOBER 6, 2003. PER CURIAM. These disciplinary matters are before the Court on the Review Panel’s Report and Recommendation […]

180 S.E.2d 233 TUTEN (now Miller) v. TUTEN. 26158.Supreme Court of Georgia.ARGUED NOVEMBER 9, 1970. DECIDED JANUARY 29, 1971. PER CURIAM. 1. “`The courts of this state have no extra-territorial jurisdiction, and cannot make the citizens of foreign states amenable to their process, or conclude them by a judgment in personam, without their consent.’ Dearing […]

182 S.E.2d 437 HENLEY v. STATE OF GEORGIA. 26521.Supreme Court of Georgia.ARGUED MAY 10, 1971. DECIDED JUNE 2, 1971. ALMAND, Chief Justice. Richard A. Thibadeau, Judge, Superior Court of the Stone Mountain Judicial Circuit, issued, on his own motion, an order directed to Clyde Henley, an attorney at law, suspending him and enjoining him from […]

190 S.E.2d 912 TOUCHTON v. STEWART et al. 27236.Supreme Court of Georgia.ARGUED JUNE 12, 1972. DECIDED JUNE 28, 1972. UNDERCOFLER, Justice. The controlling question presented by this appeal is whether the trial court erred in dismissing the complaint of the appellant without notice that the case was on the trial calendar as required by Code […]

48 S.E.2d 882 BARTON v. HARDIN et al. 16238.Supreme Court of Georgia. JUNE 18, 1948. REHEARING DENIED JULY 16, 1948. JENKINS, Chief Justice. 1. A county acts under delegated powers, and has only such powers as are conferred by statute. Albany Bottling Co. v. Watson, 103 Ga. 503 (30 S.E. 270); Town of Decatur v. […]

71 S.E.2d 213 BOSTIC et al. v. NESBITT, executrix. 17845.Supreme Court of Georgia.ARGUED MAY 13, 1952. DECIDED JUNE 10, 1952. WYATT, Justice. The bill of exceptions in this case was presented to the trial judge on the 26th day of December, 1951, and was certified by him on the 29th day of February, 1952. No […]

386 S.E.2d 662 LEDFORD v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY. 46674.Supreme Court of Georgia. DECIDED NOVEMBER 9, 1989. BELL, Justice. We granted certiorari to consider whether the opinion of the Court of Appeals, Ledford v. State Farm Mut. Auto. Ins. Co., 189 Ga. App. 866 (377 S.E.2d 693) (1989), was in conflict with the […]

709 S.E.2d 789 BRINSON v. THE STATE. No. S11A0191.Supreme Court of Georgia. DECIDED APRIL 26, 2011. THOMPSON, Justice. Appellant Sammy Brinson, Jr., was convicted and sentenced for felony murder and aggravated battery in connection with the death Page 151 of his infant daughter, Arianna Rosier.[1] He appeals, asserting, inter alia, the State failed to prove […]

402 S.E.2d 513 DeKALB COUNTY, GEORGIA v. ORWIG. S90G1365.Supreme Court of Georgia. DECIDED MARCH 15, 1991. RECONSIDERATION DENIED MARCH 28, 1991. BENHAM, Justice. Orwig sued DeKalb County to recover damages resulting from two instances of sewage backing up into her home. After the first backup, DeKalb County disclaimed responsibility, nothing that the sewage in its […]

368 S.E.2d 481 BROWN v. THE STATE. 45492.Supreme Court of Georgia. DECIDED MAY 26, 1988. RECONSIDERATION DENIED JUNE 14, 1988. MARSHALL, Chief Justice. We reversed the murder conviction of Jeffery/Jeffrey Noel Brown because of the admission in evidence of statements made by Brown during the course of in-custody interviews, which, under the record then before […]

82 S.E.2d 10 REECE v. THE STATE. 18553.Supreme Court of Georgia.SUBMITTED APRIL 13, 1954. DECIDED MAY 11, 1954. CANDLER, Justice. Amos Reece was indicted for rape in Cobb County, and was convicted without any recommendation and sentenced to be electrocuted. Thereafter he filed a motion for new trial on the usual general grounds, and later […]

288 S.E.2d 572 AUSTIN v. CARTER; and vice versa. 37920, 37921.Supreme Court of Georgia. DECIDED JANUARY 5, 1982. REHEARING DENIED JANUARY 19, 1982. MARSHALL, Justice. This is a petition for writ of habeas corpus filed by Bernatsky Deray Carter. The petitioner was convicted in the Fulton Superior Court in June of 1978 of various counts […]

196 S.E.2d 849 WHITE v. THE STATE. 27612.Supreme Court of Georgia.ARGUED DECEMBER 11, 1972. DECIDED MARCH 15, 1973. REHEARING DENIED MARCH 29, 1973. 1. The requirements of Georgia Laws 1968, p. 533 (Code Ann. § 59-106) and of Code Ann. § 59-201 requiring the grand jurors in the various counties of this state to be […]

627 S.E.2d 587 DICKENS v. THE STATE. S05A2077.Supreme Court of Georgia. DECIDED MARCH 13, 2006. HUNSTEIN, Presiding Justice. Latoya Dickens was convicted of felony murder in the stabbing death of her husband, Otis Dickens. She appeals from the denial of her motion for new trial,[1] challenging the effectiveness of her trial counsel and contending that […]

138 S.E.2d 578 RECORD TRUCK LINE, INC. v. HARRISON, Administrator. 22559.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1964. DECIDED OCTOBER 8, 1964. MOBLEY, Justice. This case is here on grant of certiorari to the Court of Appeals in case No. 40603. The decisive question presented is whether the Court of Appeals was correct in holding that […]

586 S.E.2d 648 MIZE v. THE STATE. S03A0931.Supreme Court of Georgia. DECIDED SEPTEMBER 15, 2003. RECONSIDERATION DENIED OCTOBER 6, 2003. HUNSTEIN, Justice. James Mize was indicted on charges of malice murder, felony murder based on an aggravated assault, two additional counts of aggravated assault, and three counts of possession of a firearm during the commission […]

260 S.E.2d 310 COX v. SMITH. 34887.Supreme Court of Georgia.SUBMITTED MAY 4, 1979. DECIDED SEPTEMBER 5, 1979. REHEARING DENIED SEPTEMBER 25, 1979. MARSHALL, Justice. This is an action by the appellant purchaser of realty against the appellee seller, for reformation of the purchase money note and temporary injunction of the right of foreclosure. The sales […]

356 S.E.2d 884 RUSSELL v. RUSSELL. 44182.Supreme Court of Georgia. DECIDED JUNE 19, 1987. SMITH, Justice. The appellant, Mrs. Russell, sought a no-fault divorce from the appellee. On June 2, 1986, the appellee obtained a copy of the petition, and the original acknowledgment of service which he signed and had notarized. The original petition was […]

127 S.E.2d 899 MONROE v. MONROE. 21780.Supreme Court of Georgia.ARGUED SEPTEMBER 11, 1962. DECIDED OCTOBER 1, 1962. DUCKWORTH, Chief Justice. 1. The evidence failing to show wilful desertion on the part of the defendant for a period of one year prior to the filing of the divorce action, a verdict in favor of the petitioner […]

553 S.E.2d 561 DYE et al. v. WALLACE et al. S01A0625.Supreme Court of Georgia. DECIDED: OCTOBER 1, 2001 HUNSTEIN, Justice. Angie Dye, individually and as next friend and legal guardian of Lauren Licklider, a minor, filed suit against appellees, reporter Jim Wallace and his employer, McDuffie County Newspapers, Inc., which operates a weekly newspaper in […]

272 S.E.2d 62 SUMPTER v. HART. 36246.Supreme Court of Georgia.SUBMITTED MAY 16, 1980. DECIDED SEPTEMBER 17, 1980. REHEARING DENIED OCTOBER 7, 1980. The judgment of the trial court is affirmed without opinion pursuant to Rule 59. All the Justices concur. SUBMITTED MAY 16, 1980 — DECIDED SEPTEMBER 17, 1980 — REHEARING DENIED OCTOBER 7, 1980. […]

470 S.E.2d 882 KRUZEL ET AL. v. LEEDS BUILDING PRODUCTS, INC. S96A0791.Supreme Court of Georgia. DECIDED JUNE 3, 1996. CARLEY, Justice. Leslie Kruzel entered into an alleged oral contract with Civil Structures, Inc. (CSI) for the construction of a house on property that she owned. Ms. Kruzel’s father, Robert Parker, was the president and chief […]

104 S.E.2d 571 LEWIS v. CITY OF SMYRNA et al. 20100.Supreme Court of Georgia.ARGUED JUNE 9, 1958. DECIDED JULY 11, 1958. REHEARING DENIED JULY 22, 1958. The rules of law pertaining to the wholesale or retail distribution of malt beverages were not repealed or changed by the act of 1955 (Ga. L. 1955, pp. 657-659), […]

529 S.E.2d 610 DeKALB COUNTY, et al. v. ADAMS et al. S00A0517.Supreme Court of Georgia. DECIDED: MAY 1, 2000. RECONSIDERATION DENIED MAY 26, 2000 HUNSTEIN, Justice. In November 1998, Ernest Adams filed a pro se petition for mandamus against DeKalb County Sheriff Sidney Dorsey seeking, inter alia, to compel the sheriff to improve medical and […]

326 S.E.2d 458 BUIE v. THE STATE. 41301.Supreme Court of Georgia. DECIDED FEBRUARY 27, 1985. REHEARING DENIED MARCH 28, 1985. BELL, Justice. Costella Buie was convicted of murdering Patricia Ann Stubbs by shooting her with a pistol, and was sentenced to life imprisonment. He appeals, and we affirm.[1] 1. In his fourth enumeration appellant complains […]

586 S.E.2d 303 SONNY PERDUE, GOVERNOR, et al. v. THURBERT BAKER, ATTORNEY GENERAL. Case No. S03A1154Supreme Court of Georgia. July 15, 2003 ORDER OF THE COURT Upon consideration of the Motion to Dismiss filed in this case, it is ordered that it be hereby denied. All the Justices concur, except Benham, J., who dissents. BENHAM, […]

410 S.E.2d 122 SHIVERS v. THE STATE. S91A1358.Supreme Court of Georgia. DECIDED NOVEMBER 7, 1991. RECONSIDERATION DENIED DECEMBER 4, 1991. WELTNER, Justice. Ronald Mickey Shivers was convicted by a jury of homicide by vehicle, serious injury by vehicle, and leaving the scene of an accident. He was sentenced to a term of years. 1. (a) […]

269 S.E.2d 860 KISER v. KISER. 36234.Supreme Court of Georgia.SUBMITTED MAY 16, 1980. DECIDED JULY 3, 1980. This is an appeal from a final judgment of divorce seeking a modification of the terms of that judgment. The appeal is dismissed for failure to comply with the provisions of Code Ann. § 6-701.1 (Ga. L. 1979, […]

29 S.E.2d 42 BRUMBELOW v. HOPKINS et al. 14762.Supreme Court of Georgia. FEBRUARY 8, 1944. 1. The mere dislike of certain persons, or ill feeling towards them, causing their exclusion from a will, does not involve monomania. Monomania exists whenever a person conceives something to exist which has no existence whatever, and is incapable of […]

430 S.E.2d 582 BOWMAN v. KNIGHT. S93A0838.Supreme Court of Georgia. DECIDED JUNE 21, 1993. HUNT, Presiding Justice. The Georgia Department of Public Safety appeals the final judgment of the lower court holding Department of Public Safety Regulation Chapter 570-17-.02 unconstitutional and ordering the return to Knight of his commercial driver’s license. We reverse. Thomas Knight, […]

20 S.E.2d 34 SHAFER v. THE STATE. 14025.Supreme Court of Georgia. APRIL 15, 1942. 1. Under conditions stated in the act approved February 3, 1938 (Ga. L. 1937-1938, p. 103), a person may lawfully possess in any county in this State intoxicating liquors in quantity not exceeding one quart. Accordingly, mere smell of whisky in […]

137 S.E.2d 627 MARRIOTT HOTELS OF ATLANTA, INC. v. HEART OF ATLANTA MOTEL, INC., et al. 22537.Supreme Court of Georgia.ARGUED JUNE 9, 1964. DECIDED JULY 9, 1964. REHEARING DENIED JULY 22, 1964. GRICE, Justice. In view of the decision this day rendered in Housing Authority of the City of Atlanta v. Heart of Atlanta Motel, […]

466 S.E.2d 7 HEATON v. LEMACKS S95A2005Supreme Court of Georgia. DECIDED JANUARY 22, 1996 FLETCHER, Presiding Justice. Using a form developed by the Administrative Office of Courts, Charles Edward Heaton filed an application for writ of habeas corpus. The trial court found that Heaton did not verify his petition properly and dismissed the application. Because […]

364 S.E.2d 275 DUGGER v. SPROUSE et al. 45134.Supreme Court of Georgia. DECIDED FEBRUARY 4, 1988. SMITH, Justice. Appellee Anthony Plavich is an employee of the Murray County school system. A suit was filed by a student, appellant Darin Dugger, for injuries he received when he was thrown from the back of a pickup truck […]

9 S.E.2d 70 SLAUGHTER v. SLAUGHTER. 13281.Supreme Court of Georgia. MAY 14, 1940. 1. A party who has once filed a suit for divorce on the ground of cruel treatment, which suit resulted in a verdict and decree adverse to the libellant, is not barred from thereafter filing a second petition on the same ground, […]

668 S.E.2d 685 MARTIN v. THE STATE. No. S08A1257.Supreme Court of Georgia. DECIDED OCTOBER 27, 2008. BENHAM, Justice. DeKelvin Rafael Martin has been indicted for the murders of Travis and Ila Ivery and Savion Wright, the grandparents and the 12-year-old son, respectively, of Martin’s girlfriend, Tymika Wright. Martin has also been charged with Ms. Wright’s […]

78 S.E.2d 521 WILLIAMS v. THE STATE. 18348.Supreme Court of Georgia.SUBMITTED SEPTEMBER 16, 1953. DECIDED OCTOBER 14, 1953. REHEARING DENIED NOVEMBER 12, 1953. 1. The charge on reasonable doubt here complained of is in all material respects identical with the charge approved in Connell v. State, 153 Ga. 151 (2) (111 S.E. 545), and, accordingly, […]

561 S.E.2d 79 THE STATE v. REDDING. S01A1688.Supreme Court of Georgia. DECIDED: MARCH 11, 2002. HINES, Justice. The State appeals from the grant of Redding’s motion to dismiss for violation of his constitutional right to a speedy trial. See OCGA § 5-7-1 (a) (1). For the reasons that follow, we affirm. Carlton Redding was arrested […]

604 S.E.2d 835 THE STATE v. RANDOLPH. S04G0674.Supreme Court of Georgia. DECIDED NOVEMBER 8, 2004. BENHAM, Justice. The Court of Appeals granted an interlocutory appeal to review the trial court’s denial of defendant Scott Fitz Randolph’s motion to suppress evidence seized from his home in a warrantless search conducted by law enforcement officers pursuant to […]

181 S.E.2d 861 BROOKS et al. v. JONES et al. 26451.Supreme Court of Georgia.ARGUED APRIL 14, 1971. DECIDED MAY 6, 1971. 1. The suit for specific performance was not premature. The court erred in sustaining the defendant executor’s motion to dismiss on this ground. 2. The court erred in sustaining defendant Jane Pierson’s motion to […]

549 S.E.2d 116 TODD v. THE STATE. S01A0435.Supreme Court of Georgia. DECIDED: JULY 16, 2001 HINES, Justice. Reginald Todd was convicted of malice murder in connection with the death of his wife, Loretta Todd. For the reasons that follow, we affirm.[1] Page 99 Evidence showed that Todd called police to his home. When the first […]

195 S.E.2d 891 M. E. B. v. STATE OF GEORGIA. 27602.Supreme Court of Georgia.SUBMITTED DECEMBER 11, 1972. DECIDED JANUARY 22, 1973. REHEARING DENIED FEBRUARY 9, 1973. The provision of the Juvenile Court Act of 1971 (Ga. L. 1971, pp. 709, 721; Code Ann. § 24A-1201), providing that after adjudication of delinquency in a court of […]

218 S.E.2d 802 AKIN et al. v. PATTON. 30050.Supreme Court of Georgia.ARGUED JUNE 11, 1975. DECIDED SEPTEMBER 11, 1975. INGRAM, Justice. Vera Patton, the appellee, filed an application in the Court of Ordinary (now Probate Court) of DeKalb County to probate the will of Nora A. Smith in solemn form. Appellants filed a caveat and […]

642 S.E.2d 103 WHEELER v. WHEELER. No. S07C0299.Supreme Court of Georgia. DENIED FEBRUARY 26, 2007. Reconsideration Denied March 27, 2007. The Supreme Court today denied the petition for certiorari in this case. All the Justices concur, except Carley, Thompson and Melton, JJ., who dissent. CARLEY, Justice, dissenting. “With no explanation accompanying the majority’s denial of […]

661 S.E.2d 529 THE STATE v. UNDERWOOD. No. S07G1511.Supreme Court of Georgia. DECIDED MAY 19, 2008. SEARS, Chief Justice. In 2005, Matthew P. Underwood was pulled over, placed under arrest, and read the statutory implied consent warning. Underwood consented to drug and alcohol testing but later moved to suppress the unfavorable results at trial. The […]

260 S.E.2d 342 GIBBS v. SPENCER INDUSTRIES, INC. 35248.Supreme Court of Georgia.ARGUED SEPTEMBER 17, 1979. DECIDED OCTOBER 2, 1979. REHEARING DENIED OCTOBER 16, 1979. MARSHALL, Justice. On July 7, 1978, Ethel Gibbs filed a summons of garnishment against Spencer Industries, Inc., in the State Court of Fulton County, naming Herschel Gibbs as the defendant in […]

413 S.E.2d 195 WAREHOUSE HOME FURNISHINGS DISTRIBUTORS, INC. v. DAVENPORT. S91G0870.Supreme Court of Georgia. DECIDED FEBRUARY 13, 1992. BENHAM, Justice. Davenport, a resident of Texas, filed suit against appellant in the Superior Court of Laurens County, Georgia. When appellant served appellee with notice of his deposition to be taken in Laurens County, appellee sought and […]

210 S.E.2d 707 DeFOOR v. THE STATE; and vice versa. 29014, 29042.Supreme Court of Georgia.ARGUED SEPTEMBER 9, 1974. DECIDED NOVEMBER 5, 1974. REHEARING DENIED NOVEMBER 18, 1974. 1. The indictments charging a county commissioner with theft by taking by appropriating money of the county in his lawful possession were not contradictory in alleging that the […]

286 S.E.2d 706 CROWDER v. GINN. 38164.Supreme Court of Georgia. DECIDED JANUARY 27, 1982. JORDAN, Chief Justice. We decide this day that Ga. L. 1977, pp. 586, 587 (Code Ann. § 24-117) does not deny due process by defining the term “nonresident” as used in our Long Arm Statute so as to include a person […]

224 S.E.2d 369 BRYANT v. THE STATE. 30812.Supreme Court of Georgia.SUBMITTED FEBRUARY 10, 1976. DECIDED MARCH 11, 1976. HALL, Justice. Bryant was convicted by a jury of rape and kidnapping with sentences of twenty and ten years to run concurrently. He appeals. 1. Bryant contends the trial court improperly overruled his motion to dismiss on […]

240 S.E.2d 856 O’NEAL CONSTRUCTION COMPANY, INC. v. LEXINGTON DEVELOPERS, INC. 32667.Supreme Court of Georgia.ARGUED NOVEMBER 14, 1977. DECIDED DECEMBER 5, 1977. REHEARING DENIED DECEMBER 15, 1977. HALL, Justice. This appeal, here on certiorari, involves constructive service of process on a domestic corporation. The facts are set forth in detail in the opinion of the […]

149 S.E.2d 106 WILLS v. GLUNTS. 23410.Supreme Court of Georgia.ARGUED APRIL 11, 1966. DENIED MAY 5, 1966. This court will not reverse the judgment of a trial judge in a habeas corpus proceeding, returning minor children to the parent having legal custody under a divorce decree, unless the evidence demanded a finding that there had […]

174 S.E.2d 415 ANDERSON et al. v. HUMBLE OIL REFINING COMPANY. 25665.Supreme Court of Georgia.ARGUED MARCH 11, 1970. DECIDED APRIL 9, 1970. The evidence supports the finding of the trial court that the land in question was being used for commercial purposes at the time of the adoption of the zoning resolution, and accordingly the […]

571 S.E.2d 735 BELLER v. TILBROOK. S02A1337.Supreme Court of Georgia. DECIDED: OCTOBER 28, 2002. THOMPSON, Justice. Walter Beller and Geraldina Tilbrook lived together for one year before they were married on June 7, 1994. At the beginning of their relationship, Tilbrook, a registered nurse, refused to engage in sexual relations with Beller unless he agreed […]

538 S.E.2d 414 IN THE MATTER OF WAYNE P. THIGPEN. S00Y1713, S00Y1714, S00Y1715, S00Y1716.Supreme Court of Georgia. Decided: October 30, 2000. PER CURIAM. The State Bar filed four Notices of Discipline against Respondent Wayne P. Thigpen alleging violations of Standards 4 (a lawyer shall not engage in professional conduct involving dishonesty, fraud, deceit, or willful […]

26 S.E.2d 255 J. B. WITHERS CIGAR COMPANY et al. v. KIRKPATRICK et al. 14479.Supreme Court of Georgia. APRIL 15, 1943. REHEARING DENIED JUNE 12, 1943. 1. Although it is declared in the Code that the general lien of a landlord shall date from the time of levy of distress warrant, the lien is not […]

369 S.E.2d 742 PIERCE v. THOMAS (two cases). 45707, 45708.Supreme Court of Georgia. DECIDED JULY 1, 1988. RECONSIDERATION DENIED JULY 29, 1988. WELTNER, Justice. Rozier deeded real property to Thomas in 1967. Thomas built a house on the property, where she has resided ever since. In 1981, Rozier deeded the same property to Pierce, reserving […]

382 S.E.2d 594 MINGO v. THE STATE. 46843.Supreme Court of Georgia. DECIDED SEPTEMBER 6, 1989. BELL, Justice. The appellant, Francois M. Mingo, appeals his conviction of the malice murder of David Session. The trial court sentenced Mingo to life imprisonment.[1] Mingo raises only one issue on appeal, contending that certain evidence admitted over his objection […]

230 S.E.2d 863 CITY OF ARLINGTON v. SMITH. 31506.Supreme Court of Georgia.ARGUED OCTOBER 13, 1976. DECIDED DECEMBER 1, 1976. UNDERCOFLER, Presiding Justice. Mrs. Smith sued the City of Arlington for damages and injunction because the city tapped a neighbor’s sewer line into her sewer line, causing sewage to “back-up” into her house. The damage issue […]

470 S.E.2d 872 ELLISON v. THE STATE. S96A0179.Supreme Court of Georgia. DECIDED JUNE 3, 1996. SEARS, Justice. The appellant, Anthony Ellison, was convicted of the malice murder of Billy Hagin, of the possession of a firearm during the commission of a crime, of the possession of a firearm by a convicted felon, of three counts […]

49 S.E.2d 498 OWENS v. MACK, administrator. 16311.Supreme Court of Georgia. SEPTEMBER 7, 1948. REHEARING DENIED SEPTEMBER 15, 1948. HEAD, Justice. The bill of exceptions names I. S. Mack, as administrator of Fannie Valentine Owens, as the only defendant in error. One of the defendants named in the petition, Fannie Valentine Dickens (for whom service […]

123 S.E.2d 764 HOLCOMB v. SHIRLEY. 21492.Supreme Court of Georgia.ARGUED JANUARY 9, 1962. DECIDED JANUARY 22, 1962. There was no error in the superior court’s order affirming the dismissal of the petition for writ of habeas corpus by the court of ordinary. ARGUED JANUARY 9, 1962 — DECIDED JANUARY 22, 1962. Habeas corpus. Stephens Superior […]

251 S.E.2d 289 HARDY v. THE STATE. 34249.Supreme Court of Georgia.ARGUED NOVEMBER 20, 1978. DECIDED DECEMBER 5, 1978. UNDERCOFLER, Presiding Justice. Appellant was convicted of felony-murder and sentenced to life imprisonment. He appeals. We affirm. 1. The evidence was sufficient to support the verdict. The state submitted evidence from which the jury could reasonably conclude […]

581 S.E.2d 34 JACKSON v. THE STATE. S03A0891.Supreme Court of Georgia. DECIDED: May 19, 2003 HUNSTEIN, Justice. Timothy Jackson was sentenced to life imprisonment plus a consecutive five-year sentence for the murder of Chandra Terrell.[1] He appeals from the denial of his motion for new trial, asserting only the general grounds. We affirm. The jury […]

235 S.E.2d 477 JACKSON v. THE STATE. 32148.Supreme Court of Georgia.ARGUED APRIL 12, 1977. DECIDED MAY 13, 1977. JORDAN, Justice. Appellant was tried by a jury for murder in the shooting death of Ernest Brown. The jury returned a verdict of guilty and, the state not having sought the death penalty, appellant was sentenced to […]

136 S.E.2d 358 JONES v. THE STATE. 22415.Supreme Court of Georgia.ARGUED MARCH 10, 1964. DECIDED APRIL 9, 1964. REHEARING DENIED APRIL 21, 1964. 1. Alleged prejudice or bias of a trial judge which is not based on an interest either pecuniary or relationship to a party within a prohibited degree (Code Ann. § 24-102) affords […]

265 S.E.2d 53 BROWN v. JAMES et al. 35745.Supreme Court of Georgia.ARGUED JANUARY 21, 1980. DECIDED FEBRUARY 5, 1980. REHEARING DENIED FEBRUARY 26, 1980. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur. ARGUED JANUARY 21, 1980 — DECIDED FEBRUARY 5, 1980 — REHEARING DENIED FEBRUARY 26, 1980. Title to land. Worth […]

136 S.E.2d 381 DERRICK et al. v. CAMPBELL, Commissioner, et al.; and vice versa. 22421, 22447.Supreme Court of Georgia.SUBMITTED MARCH 9, 1964. DECIDED APRIL 9, 1964. 1. “`The general rule is that no injunction will lie to interfere with the collection of taxes. Code of 1933, § 92-7901.’ Candler v. Gilbert, 180 Ga. 679, 682 […]

303 S.E.2d 455 DAVIS et al. v. HOLLAND et al. 39653.Supreme Court of Georgia. DECIDED JUNE 6, 1983. REHEARING DENIED JUNE 21, 1983. MARSHALL, Presiding Justice. The appellants are owners of various tracts of land in Franklin County. They have filed a complaint to enjoin the county tax commissioner from selling their property because of […]

435 S.E.2d 50 IN THE MATTER OF CARLTON R. STEWART. No. S93Y0300.Supreme Court of Georgia. DECIDED OCTOBER 4, 1993. PER CURIAM. Alleging violations of Standards 4, 30, 45 (b), 61, 63, 65 (A), and 68 of State Bar Rule 4-102, the State Bar of Georgia filed a formal complaint against Carlton R. Stewart. Respondent admitted […]

285 S.E.2d 528 LAVENDER v. COOPER et al. 38076.Supreme Court of Georgia. DECIDED JANUARY 5, 1982. JORDAN, Chief Justice. The single issue presented is whether the legacy to Ollie McDaniel Coody (now Ollie Virginia Lavender, the appellant) was specific and adeemed or whether it was demonstrative and did not adeem. The trial court construed the […]

5 S.E.2d 874 GRUBBS et al. v. WOOTEN et al. 12880.Supreme Court of Georgia. NOVEMBER 14, 1939. REHEARING DENIED DECEMBER 5, 1939. “A nuisance is anything that works hurt, inconvenience, or damage to another; and the fact that the act done may otherwise be lawful shall not keep it from being a nuisance. The inconvenience […]

181 S.E.2d 49 WILLINGHAM v. LEE. 26370.Supreme Court of Georgia.SUBMITTED MARCH 9, 1971. DECIDED MARCH 18, 1971. GRICE, Justice. This is a claim case in which the trial court directed a verdict for the plaintiff in fi. fa. and against the defendant and claimant. The finding was that a deed from the defendant husband to […]

347 S.E.2d 588 BURKHALTER et al. v. THE STATE. 43305.Supreme Court of Georgia. DECIDED SEPTEMBER 3, 1986. SMITH, Justice. A judge on the Floyd Superior Court found the appellants guilty of hunting upon the lands of another without permission, and sentenced them to thirty days in jail suspended upon payment of a fine of $100 […]

238 S.E.2d 29 STEPHENS v. THE STATE. 32484.Supreme Court of Georgia.SUBMITTED JULY 1, 1977. DECIDED SEPTEMBER 6, 1977. UNDERCOFLER, Presiding Justice. Stephens appeals his conviction for armed robbery and sentence to 15 years. We affirm. The state produced evidence to show a convenience store in Clayton County was robbed at 9:20 p. m. by a […]

380 S.E.2d 54 SCOTT v. STUBBS et al. 46633.Supreme Court of Georgia. DECIDED APRIL 6, 1989. HUNT, Justice. In this case, Scott filed his complaint for mandamus to compel the superior court to rule on his petition for habeas corpus. Because it is a direct application to this court for an original writ, it is […]

475 S.E.2d 601 UNITED COMPANIES LENDING CORPORATION v. PEACOCK ET AL. S96A0821.Supreme Court of Georgia. DECIDED SEPTEMBER 9, 1996 — RECONSIDERATION DENIED OCTOBER 4, 1996. BENHAM, Chief Justice. This case involves an appeal from the granting of a permanent injunction and the award of attorneys’ fees. David and Duron Peacock borrowed funds from United Companies […]

249 S.E.2d 268 TAGGART v. PHILLIPS et al. 34338.Supreme Court of Georgia.SUBMITTED NOVEMBER 2, 1978. DECIDED NOVEMBER 2, 1978. REHEARING DENIED NOVEMBER 3, 1978. HILL, Justice. This opinion is rendered on November 2, 1978. The general election is next Tuesday, November 7, 1978. Following our decision on October 24, 1978, in Taggart v. Phillips, 242 […]

715 S.E.2d 56 INQUIRY CONCERNING JUDGE ANTHONY PETERS. No. S11Z1336.Supreme Court of Georgia. DECIDED SEPTEMBER 6, 2011. PER CURIAM. After receiving complaints about the alleged misconduct of Catoosa County Magistrate Court Judge Anthony Peters from, among others, Chief Magistrate Judge Sonny Caldwell, the Judicial Qualifications Commission (JQC) initiated an investigation. Following the investigation, and after […]