Category: Georgia Supreme Court Opinions

118 S.E.2d 369 WALSTON v. WALSTON. 21112.Supreme Court of Georgia.SUBMITTED JANUARY 10, 1961. DECIDED FEBRUARY 9, 1961. DUCKWORTH, Chief Justice. A jury having been waived, after hearing evidence, the judge rendered a judgment granting the petitioner a divorce on the ground of cruel treatment. The exception is to the judgment denying a motion for new […]

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 […]

161 S.E.2d 293 DELTA CORPORATION OF AMERICA v. AIKEN. 24526.Supreme Court of Georgia.SUBMITTED MARCH 12, 1968. DECIDED APRIL 9, 1968. UNDERCOFLER, Justice. This is an appeal from the denial of a permanent injunction issued by the trial judge after hearing evidence. The pleadings raised issues of fact but the evidence was not transcribed or otherwise […]

102 S.E.2d 556 SCOTT et al. v. SHERWOOD MEMORIAL GARDENS, INC.; and vice versa. 19996, 20004.Supreme Court of Georgia.ARGUED FEBRUARY 11, 1958. DECIDED MARCH 7, 1958. CANDLER, Justice. Under authority of and pursuant to the provisions of an act which the legislature passed in 1949 (Ga. L. 1949, p. 223), the unincorporated areas of Clayton […]

18 S.E.2d 622 ELDER v. CAMP, sheriff, et al. 13872.Supreme Court of Georgia. JANUARY 15, 1942. 1. Alleged prejudice or bias of a judge, which is not based on an interest either pecuniary or relationship to a party within a prohibited degree, affords no legal ground of disqualification. 2. The mere keeping of a device […]

225 S.E.2d 899 READING ASSOCIATES, LTD. et al. v. READING ASSOCIATES OF GEORGIA, INC. 31023.Supreme Court of Georgia.ARGUED APRIL 19, 1976. DECIDED MAY 18, 1976. REHEARING DENIED JUNE 8, 1976. UNDERCOFLER, Presiding Justice. This litigation involves a rapid reading program system termed “optimation.” The plaintiff, Reading Associates of Georgia, Inc., acquired certain rights to market […]

292 S.E.2d 696 JOHNSON v. THE STATE. 38624.Supreme Court of Georgia. DECIDED JUNE 30, 1982. WELTNER, Justice. Larry Verdell Johnson shot and killed Eddie Rivers, Jr. with a handgun. Johnson appeals from his conviction of murder and sentence of life imprisonment. 1. Johnson contends that the trial court erred in giving to the jury the […]

640 S.E.2d 287 LEE v. THE STATE. No. S06A1557.Supreme Court of Georgia. DECIDED JANUARY 22, 2007. MELTON, Justice. Following a bench trial, Chuck Lee was convicted of malice murder, felony murder, and aggravated assault with a deadly weapon relating to the shooting death of Henrico Morant. Lee was also convicted of three counts of aggravated […]

302 S.E.2d 569 KITCHENS v. THE STATE. 39649.Supreme Court of Georgia. DECIDED MAY 12, 1983. WELTNER, Justice. George Orlando Kitchens shot and killed with a handgun his wife, Pearl Ward Kitchens, and his sixteen-year-old stepson, Joseph Ward. He was convicted of malice murder on two counts and received two life sentences. 1. Kitchens contended at […]

162 S.E.2d 207 GOVERNMENT EMPLOYEES FINANCE INDUSTRIAL LOAN CORPORATION v. ANDERSON. 24587.Supreme Court of Georgia.SUBMITTED MAY 13, 1968. DECIDED MAY 23, 1968. MOBLEY, Justice. Government Employees Finance Industrial Loan Corporation filed a bail trover against the appellee, seeking recovery of an automobile. Upon his failure to produce the automobile, or give bond, he was confined […]

420 S.E.2d 303 BATTLES v. THE STATE. S92A0611.Supreme Court of Georgia. DECIDED SEPTEMBER 11, 1992. BELL, Presiding Justice. The appellant, Joseph Battles, was found guilty of the felony murder and aggravated assault of Eric Williams.[1] Because aggravated assault was charged as the underlying felony for felony murder, the trial court only sentenced Battles for felony […]

492 S.E.2d 516 DOE #102 v. DEPARTMENT OF CORRECTIONS. S97A0739.Supreme Court of Georgia. DECIDED NOVEMBER 3, 1997. HINES, Justice. This is an appeal from the dismissal of an action for damages brought under the Georgia Tort Claims Act (GTCA), OCGA § 50-21-20 et seq. Inmate Jane Doe #102, filed the suit against the Department of […]

231 S.E.2d 735 HORNE v. HOPPER. 31703.Supreme Court of Georgia.SUBMITTED NOVEMBER 19, 1976. DECIDED JANUARY 4, 1977. INGRAM, Justice. Mitchell Horne, an inmate at Georgia State Prison, appeals the denial of habeas corpus relief to him by the Superior Court of Tattnall County. In this appeal he contends that the constitutional prohibition against double jeopardy […]

162 S.E.2d 316 McLANAHAN CRUSHED STONE, INC., et al. v. ROUSEY et al. BROWN v. ROUSEY et al. 24712, 24713.Supreme Court of Georgia.ARGUED JUNE 11, 1968. DECIDED JUNE 20, 1968. NICHOLS, Justice. In Case No. 24712 the husband and three named sons of Mrs. Fannie Mat Rousey filed an action against McLanahan Crushed Stone, Inc. […]

152 S.E.2d 743 WINDOM et al. v. ROBINSON et al., Trustees. 23784.Supreme Court of Georgia.SUBMITTED NOVEMBER 14, 1966. DECIDED DECEMBER 5, 1966. MOBLEY, Justice. The appeal is from a judgment sustaining a general demurrer and certain special demurrers to the petition, as amended, brought by two children of Henry Franklin Windom praying that the Trustees […]

146 S.E.2d 737 BRAWNER v. THE STATE. 23183, 23184.Supreme Court of Georgia.ARGUED NOVEMBER 8, 1965. DECIDED JANUARY 7, 1966. REHEARING DENIED JANUARY 18, 1966. 1. Since the enumeration of errors was not timely in case No. 23183 the appeal must be dismissed. 2. A correct instruction to the jury on the law of manslaughter, even […]

498 S.E.2d 502 JENKINS v. THE STATE. S97P1474.Supreme Court of Georgia. DECIDED FEBRUARY 23, 1998 — RECONSIDERATION DENIED APRIL 2, 1998. HUNSTEIN, Justice. Larry L. Jenkins, Jr. was convicted of the malice murders and kidnappings with bodily injury and armed robbery of Terry and Michael Ralston, and theft of $600 in coins. The jury recommended […]

199 S.E.2d 231 BRAND v. WOFFORD. 27970.Supreme Court of Georgia.SUBMITTED MAY 25, 1973. DECIDED JULY 2, 1973. UNDERCOFLER, Justice. Don Wayne Brand filed a habeas corpus action in the Superior Court of Ware County. After a hearing, the trial court remanded the applicant to the custody of the warden. He appeals to this court. Held: […]

93 S.E.2d 739 GILES v. THE STATE. 19379.Supreme Court of Georgia.ARGUED JUNE 12, 1956. DECIDED JULY 9, 1956. HEAD, Justice. A decision on the questions made in this case requires only the “application, in a general sense, of unquestioned and unambiguous provisions of the Constitution to a given state of facts, . . .” Gulf […]

655 S.E.2d 599 THOMAS v. THE STATE. No. S07A1543.Supreme Court of Georgia. DECIDED JANUARY 8, 2008. THOMPSON, Justice. Appellant Robert Thomas was convicted of felony murder, aggravated assault, and two counts of possession of a knife during the commission of a felony arising out of the stabbing death of Robert Arnold.[1] He appeals from the […]

5 S.E.2d 356 AVEN et al. v. STEINER CANCER HOSPITAL INC. et al. 12815.Supreme Court of Georgia. OCTOBER 19, 1939. 1. A contract between a municipality and another corporation for a lease, for a term of thirty-five years, of land owned by the municipality, in consideration of care of the poor of the city by […]

667 S.E.2d 609 MEA FAMILY INVESTMENTS, LP v. ADAMS. No. S08A1110.Supreme Court of Georgia. DECIDED OCTOBER 6, 2008. CARLEY, Justice. This case involves a dispute over the ownership of a 1,350 square foot space located at the rear of the second floor of a building in Lawrenceville. There are two claimants: Appellee Christopher Adams, who […]

393 S.E.2d 251 PALMER v. THE STATE. S90A0328.Supreme Court of Georgia. DECIDED JULY 12, 1990. SMITH, Presiding Justice. The appellant, Robbie E. Palmer, was convicted of sexual assault against persons in custody under OCGA § 16-6-5.1. We reverse.[1] The appellant was a juvenile probation officer in Whitfield County who was assigned to monitor a fourteen-year-old […]

42 S.E.2d 449 VANDIVIERE, Solicitor-General, v. ANDERSON. 15745.Supreme Court of Georgia. APRIL 17, 1947. HEAD, Justice. By amendment to the charter of the Town of Mineral Bluff, approved December 12, 1901 (Ga. L. 1901, p. 550), it is provided in sec. 5: “Be it further enacted, that the mayor and councilmen of the Town of […]

491 S.E.2d 68 PARTAIN et al. v. JMAR COMMUNICATIONS, INC. S97A1518.Supreme Court of Georgia. DECIDED SEPTEMBER 22, 1997 PER CURIAM. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur. Equity. Crisp County Superior. Before Hon. Dubignion Douglas. James W. Hurt, JAMES W. HURT ASSOCIATES, for Appellant. David A. Forehand, Jr., DAVIS, GREGORY, […]

138 S.E.2d 668 INTERSTATE LIFE ACCIDENT INSURANCE COMPANY v. WILLIAMSON. 22581.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1964. DECIDED OCTOBER 13, 1964. The following question certified to this court by the Court of Appeals is answered in the affirmative: “Where at the expiration of sixty days after a demand by an insured for the amount claimed […]

224 S.E.2d 412 McLAUGHLIN v. THE STATE. 30725.Supreme Court of Georgia.SUBMITTED JANUARY 21, 1976. DECIDED APRIL 6, 1976. HILL, Justice. Michael McLaughlin pled not guilty by reason of insanity to an indictment for armed robbery in three counts. He was tried, found guilty on two counts, and received concurrent sentences of fifteen years. He appeals. […]

104 S.E.2d 467 SIGMAN et al. v. BRUNSWICK PORT AUTHORITY et al. 20119.Supreme Court of Georgia.ARGUED JUNE 10, 1958. DECIDED JULY 11, 1958. REHEARING DENIED JULY 22, 1958. HAWKINS, Justice. The exception here is to a judgment sustaining a general demurrer to a petition brought by W. H. Sigman and Freeman Darby, as citizens and […]

364 S.E.2d 567 ISAACS v. THE STATE. 45101.Supreme Court of Georgia. DECIDED FEBRUARY 5, 1988. CLARKE, Presiding Justice. The sole issue in this case is whether the trial court erred in denying appellant’s plea in abatement and motion for acquittal pursuant to OCGA § 17-7-53.1. The state argues that this appeal should be dismissed for […]

663 S.E.2d 169 LAYMAN v. THE STATE. No. S08A0815.Supreme Court of Georgia. DECIDED JUNE 30, 2008. THOMPSON, Justice. The question for decision in this murder case is whether the trial court erred by denying defendant’s motion for acquittal in which he claimed that his constitutional right to a speedy trial was abridged. We answer this […]

416 S.E.2d 503 FRANKLIN v. FRANKLIN. S92A0255.Supreme Court of Georgia. DECIDED MAY 21, 1992. BENHAM, Justice. We granted appellant Hazel Franklin’s application seeking discretionary review of the trial court order holding her in contempt for her failure, as executrix of her late husband’s estate, to pay nursing home bills on behalf of appellee Martha Franklin, […]

469 S.E.2d 651 FRANKS v. THE STATE. S96A0446.Supreme Court of Georgia. DECIDED APRIL 29, 1996 RECONSIDERATION DENIED MAY 23, 1996. HUNSTEIN, Justice. The state is seeking the death penalty against David Scott Franks for the murder of Deborah Diane Wilson.[1] During the term of the superior court in which he was indicted, Franks filed a […]

285 S.E.2d 185 BAILEY et al. v. THE STATE. 37337.Supreme Court of Georgia. DECIDED SEPTEMBER 29, 1981. PER CURIAM. The court granted certiorari in order to determine 1) whether our holding in Kilgore v. State, 247 Ga. 70 (274 S.E.2d 332) (1981), applies to testimony concerning evidence that was the subject of a motion to […]

260 S.E.2d 72 TEAGUE v. FIRST BANK TRUST COMPANY. 35147.Supreme Court of Georgia.SUBMITTED JULY 20, 1979. DECIDED SEPTEMBER 26, 1979. MARSHALL, Justice. The First Bank Trust Company brought suit against James Teague in the State Court of Cobb County to recover sums allegedly due under a promissory note, secured by a mortgage and deed to […]

427 S.E.2d 490 NAGEL v. THE STATE. S92A1195.Supreme Court of Georgia. DECIDED MARCH 16, 1993. HUNT, Presiding Justice. David L. Nagel, who had been acquitted for murder by reason of insanity, applied for release from commitment. Following a hearing, the trial court denied the application for release. Nagel appeals, alleging due process violations based on […]

354 S.E.2d 826 HANNERS v. WOODRUFF et al. 44329.Supreme Court of Georgia. DECIDED APRIL 15, 1987. RECONSIDERATION DENIED MAY 6, 1987. MARSHALL, Chief Justice. Hanners contracted to purchase from Burson a portion of a tract of land which Burson was to buy from the Vaughans. Thereafter, Burson contracted to sell to Woodruff the entire tract […]

81 S.E.2d 828 F C INVESTMENT COMPANY v. JONES et al. 18523.Supreme Court of Georgia.ARGUED MARCH 9, 1954. DECIDED APRIL 14, 1954. REHEARING DENIED MAY 13, 1954. The obligation of the defendants to purchase a certain described tract of land being contingent upon the procuring of a loan by them, and the petition of the […]

224 S.E.2d 921 SULLENS v. SULLENS. 30832.Supreme Court of Georgia.SUBMITTED FEBRUARY 16, 1976. DECIDED APRIL 7, 1976. HALL, Justice. The appellant sued the appellee for cancellation of a deed alleging that he had signed an instrument that he thought was a will but that the instrument was a deed which conveyed the property of the […]

104 S.E.2d 893 MAXWELL et al. v. HOLLIS, Administratrix. 20132.Supreme Court of Georgia.ARGUED JULY 14, 1958. DECIDED SEPTEMBER 5, 1958. 1. A ground of a motion for a new trial, complaining of the admission of documentary evidence, that does not set out literally or in substance or attach as an exhibit the document objected to, […]

204 S.E.2d 291 HODGES v. HODGES. 28613.Supreme Court of Georgia.SUBMITTED JANUARY 25, 1974. DECIDED MARCH 7, 1974. JORDAN, Justice. This is an appeal from the judgment in a divorce and alimony proceeding. Joan Hodges filed a petition for divorce in the Floyd County Superior Court on February 16, 1973, alleging cruel treatment. A trial was […]

122 S.E.2d 737 WRIGHT et al. v. THE STATE. 21430.Supreme Court of Georgia.SUBMITTED OCTOBER 9, 1961. DECIDED NOVEMBER 9, 1961. REHEARING DENIED NOVEMBER 21, 1961. 1. A mere recital in the brief of the defendants of the existence of an assignment of error, without argument or citation of authorities in its support, and without a […]

223 S.E.2d 122 LAMB et al. v. BRYAN. 30630.Supreme Court of Georgia.ARGUED JANUARY 13, 1976. DECIDED JANUARY 28, 1976. REHEARING DENIED FEBRUARY 11, 1976. INGRAM, Justice. This is a will case from Turner County. Appellants caveated the alleged will of Y. L. Lamb, deceased, which the appellee offered for probate in solemn form in the […]

207 S.E.2d 461 BROWN v. THE STATE. 28688.Supreme Court of Georgia.SUBMITTED JUNE 27, 1974. DECIDED JULY 2, 1974. PER CURIAM. John Morgan Brown, III, was convicted of armed robbery and motor vehicle theft. The jury fixed a punishment of ten years for the armed robbery, and five years for the motor vehicle theft. The jury […]

172 S.E.2d 692 WHITLEY v. PATRICK. 25474.Supreme Court of Georgia.ARGUED OCTOBER 15, 1969. DECIDED FEBRUARY 5, 1970. FRANKUM, Justice. This case came to this court upon appeal from the order of the trial court denying the defendant’s motion for a judgment on the pleadings and granting to the plaintiff a temporary injunction restraining the defendant […]

182 S.E.2d 892 PURVIS v. CONNELL. 26515.Supreme Court of Georgia.SUBMITTED MAY 10, 1971. DECIDED JULY 9, 1971. Remand of the petitioner to his custodian was error since the record does not show that his pleas of guilty, upon which the sentences were based, were intelligently and voluntarily entered. SUBMITTED MAY 10, 1971 — DECIDED JULY […]

162 S.E.2d 414 BIDDINGER et al. v. FLETCHER et al. 24709.Supreme Court of Georgia.SUBMITTED JUNE 11, 1968. DECIDED JULY 2, 1968. REHEARING DENIED JULY 16, 1968. Under the provisions of Georgia’s Nonresident Motorists Act (Ga. L. 1937, p. 732, as amended; Code Ann. Ch. 68-8) when the nonresident plaintiffs selected a forum which is not […]

243 S.E.2d 872 JONES v. THE STATE. 33338.Supreme Court of Georgia.SUBMITTED FEBRUARY 24, 1978. DECIDED APRIL 4, 1978. NICHOLS, Chief Justice. Appellant pled guilty in Cobb County to driving with a suspended driver’s license and was sentenced to five days to serve and six months to be probated upon payment of a $551 fine. She […]

518 S.E.2d 890 HUNTLEY v. THE STATE. S99A0489.Supreme Court of Georgia. DECIDED: JUNE 14, 1999. SEARS, Justice. The appellant, Richard Huntley, was convicted of the murder of Herman Pitts, and sentenced to life in prison.[1] He appeals, raising numerous issues, including that he received ineffective assistance of trial counsel. We conclude that these issues present […]

5 S.E.2d 896 HUDDLESTON v. HUDDLESTON. 13018.Supreme Court of Georgia. OCTOBER 11, 1939. REHEARING DENIED NOVEMBER 17, 1939. DUCKWORTH, Justice. While a share cropper who, as the evidence shows, owns no property or money and has no means of acquiring money save the sale of his farm crop will not be held in contempt of […]

162 S.E.2d 411 ROGER v. THE STATE. 24643.Supreme Court of Georgia.ARGUED MAY 16, 1968. DECIDED JUNE 24, 1968. 1. Letters found in the home of the deceased, claimed by the State to have been written by the wife of the defendant, being hearsay evidence, could not be admitted to prove the truth of their contents. […]

266 S.E.2d 179 PATTERSON v. BALKCOM. 35880.Supreme Court of Georgia.ARGUED FEBRUARY 11, 1980. DECIDED APRIL 8, 1980. MARSHALL, Justice. The appellant was convicted in the Superior Court of Crisp County of two counts of murder, and he was sentenced to two consecutive sentences of life imprisonment. Page 564 His convictions and sentences were affirmed on […]

357 S.E.2d 91 MARTIN et al. v. OUTZ et al. 44718.Supreme Court of Georgia. DECIDED JUNE 24, 1987. PER CURIAM. This is a direct appeal from an award to the appellees of attorney fees and expenses of litigation, entered pursuant to OCGA § 9-15-14 (Ga. L. 1986, p. 1591, § 1; effective July 1, 1986), […]

637 S.E.2d 666 McCORMICK v. JEFFERS et al. No. S06A0682.Supreme Court of Georgia. DECIDED NOVEMBER 20, 2006. SEARS, Chief Justice. The appellant, John McCormick, appeals from a jury verdict upholding the probate of the will of his mother, Ms. Jean McCormick, and declining to set aside a quitclaim deed that his mother executed in favor […]

428 S.E.2d 566 SHAW v. THE STATE. S93A0497.Supreme Court of Georgia. DECIDED APRIL 27, 1993. HUNSTEIN, Justice. The appellant, James Raymond Shaw, was convicted of the malice murder of Lloyd Eugene McGlashen, possession of a firearm during the commission of a felony and the simple battery of Ed Tillery. He was sentenced to life imprisonment […]

279 S.E.2d 698 CLEMENTS et al. v. CLEMENTS. 37633.Supreme Court of Georgia. DECIDED JULY 7, 1981. HILL, Presiding Justice. This case involves the validity of a will. Several times before his death the testator stated that he wanted his property to go to his wife for life, then at her death to his two sons. […]

231 S.E.2d 72 WOODS v. STYNCHCOMBE. 31297.Supreme Court of Georgia. DECIDED SEPTEMBER 8, 1976. 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 trial court did not err in remanding the appellant to custody. Judgment affirmed. All the […]

72 S.E.2d 459 PRICE v. STEWART. 17935.Supreme Court of Georgia.ARGUED JULY 15, 1952. DECIDED SEPTEMBER 2, 1952. MOTION TO ALLOW BILL OF EXCEPTIONS TO BE FILED AS EXCEPTIONS PENDENTE LITE DENIED SEPTEMBER 9, 1952. WYATT, Justice. 1. There are two assignments of error in the bill of exceptions in the instant case. The first assigns […]

241 S.E.2d 1 ADAMS et al. v. SMITH et al. 32876.Supreme Court of Georgia.SUBMITTED OCTOBER 14, 1977. DECIDED JANUARY 3, 1978. MARSHALL, Justice. The appellants filed this class action on June 20, 1977, seeking to enjoin the Douglas County Tax Commissioner from issuing 1976 ad valorem tax notices, and collecting ad valorem taxes for 1976, […]

322 S.E.2d 730 ADAMS et al. v. CITY OF ATLANTA (two cases). BRUCE v. CITY OF ATLANTA (two cases). HANKINS v. CITY OF ATLANTA (two cases). 40810, 40811. 40812, 40813. 40814, 40815.Supreme Court of Georgia. DECIDED NOVEMBER 29, 1984. BELL, Justice. Plaintiffs-appellants, Clayton County residents, filed suit in Clayton Superior Court against seven airlines using […]

359 S.E.2d 667 THO VAN HUYNH v. THE STATE. 44649.Supreme Court of Georgia. DECIDED SEPTEMBER 9, 1987. MARSHALL, Chief Justice. Tho Van Huynh (Tho) appeals from his conviction of the malice murder and armed robbery of Ca Nguyen, for which he was sentenced to two consecutive life-imprisonment terms.[1] The sole enumerated error Page 376 is […]

607 S.E.2d 595 BILLINGS v. THE STATE. S04A1716.Supreme Court of Georgia. DECIDED JANUARY 10, 2005. HUNSTEIN, Justice. Appellant Leonard Billings was convicted of felony murder, armed robbery, burglary and possession of a firearm during the commission of a crime in connection with the shooting death of Michael Clay. The trial court sentenced him to life […]

458 S.E.2d 100 ECHOLS v. THOMAS. S95Q0082.Supreme Court of Georgia. DECIDED JUNE 5, 1995. RECONSIDERATION DENIED JUNE 23, 1995. FLETCHER, Justice. The trial court sentenced Curtis L. Echols, Jr., to life imprisonment after he pled guilty to armed robbery. Echols filed a petition for habeas corpus contending that the state’s general sentencing statute did not […]

228 S.E.2d 848 WARNER v. WARNER. 31331.Supreme Court of Georgia.ARGUED JULY 13, 1976. DECIDED SEPTEMBER 7, 1976. HALL, Justice. This is an appeal brought by Dr. Clinton E. Warner from an order of Fulton Superior Court appointing a receiver for certain property known as the Lew-Arner Professional Building, which is jointly owned by Dr. Warner, […]

283 S.E.2d 263 VAUGHN v. THE STATE. 37873.Supreme Court of Georgia. DECIDED OCTOBER 15, 1981. PER CURIAM. Appellant pled guilty to murder on August 24, 1970, in the Superior Court of Butts County. He was given a life sentence and committed to the Middle Georgia Correctional Institute in Baldwin County. On June 26, 1981, appellant […]

325 S.E.2d 755 FORDHAM v. THE STATE. 41746.Supreme Court of Georgia. DECIDED FEBRUARY 15, 1985. REHEARING DENIED MARCH 5, 1985. WELTNER, Justice. Tommy Fordham was convicted of the stabbing murder of Roscoe Walden, Jr. He was sentenced to life imprisonment.[1] 1. The evidence is sufficient to find guilt beyond a reasonable doubt. Jackson v. Virginia, […]

553 S.E.2d 594 CITY of ATLANTA v. S.W.A.N. CONSULTING SECURITY SERVICES, INC. S01A0952.Supreme Court of Georgia. DECIDED: OCTOBER 1, 2001 CARLEY, Justice. S.W.A.N. Consulting Security Services, Inc. (SWAN) is a private detective and security agency, and is properly licensed pursuant to OCGA §§ 43-38-1 et seq., the “Georgia Private Detective and Security Agencies Act” (Act), […]

252 S.E.2d 459 FOWLER v. STRICKLAND. 34250.Supreme Court of Georgia.SUBMITTED NOVEMBER 20, 1978. DECIDED JANUARY 24, 1979. MARSHALL, Justice. The appellant taxpayer is engaged in the retail sale of tangible personal property. He is classified as a “dealer” under the Georgia Retailers’ and Consumers’ Sales and Use Tax Act (Ga. L. 1951, pp. 360, 362; […]

149 S.E.2d 705 McLENNAN v. UNDERCOFLER, State Revenue Commissioner, et al. 23483.Supreme Court of Georgia.ARGUED MAY 11, 1966. DECIDED JUNE 23, 1966. The duty to assess property at fair market value for tax purposes must yield to the duty to avoid discrimination, and under the facts shown by the present record the trial judge correctly […]

144 S.E.2d 514 CHAMPION PAPERS, INC. et al. v. WILLIAMS, Commissioner, et al. 23121.Supreme Court of Georgia.SUBMITTED SEPTEMBER 14, 1965. DECIDED SEPTEMBER 22, 1965. DUCKWORTH, Chief Justice. On behalf of themselves and others similarly situated, a number of taxpayers brought this equitable action against the taxing authorities of Wilkes County alleging that for the year […]

42 S.E.2d 639 JOHNSON v. WOODWARD LUMBER COMPANY. 15809.Supreme Court of Georgia. MAY 16, 1947. ATKINSON, Justice. The constitutional jurisdiction of this court of cases “respecting title to land” imports only cases that directly involve the title, and does not cover those that only incidentally involve such a question; and where one coterminous landowner sues […]

661 S.E.2d 538 ROBINSON v. THE STATE. No. S08A0771.Supreme Court of Georgia. DECIDED MAY 19, 2008. MELTON, Justice. Following his conviction for the malice murder of James Fielder, Arthur Robinson a/k/a Arthur Mabry appeals, contending that the trial court erred by admitting evidence of a certain similar transaction.[1] We affirm. In the light most favorable […]

115 S.E.2d 539 RITCHIE et al. v. BARKER et al. 20928.Supreme Court of Georgia.ARGUED JUNE 13, 1960. DECIDED JULY 7, 1960. 1. The motion to dismiss the bill of exceptions is without merit. 2. Where the grounds of a motion for new trial require the consideration of the evidence, it is not error to dismiss […]

268 S.E.2d 609 AMERICAN CENTURY MORTGAGE INVESTORS et al. v. BANKAMERICA REALTY INVESTORS et al. 36021.Supreme Court of Georgia.SUBMITTED MARCH 12, 1980. DECIDED MAY 20, 1980. REHEARING DENIED JUNE 17, 1980. MARSHALL, Justice. This is a suit for declaratory judgment and injunctive relief brought by Bankamerica Realty Investors (BARI) against American Century Mortgage Investors (ACMI). […]

43 S.E.2d 259 TURNER, guardian, et al. v. PRIGMORE. 15856.Supreme Court of Georgia. JUNE 12, 1947. 1. A court of equity has jurisdiction, on petition, to which minors are parties, plaintiffs or defendants, to render during term decretal orders authorizing guardians to sell the property of their wards for the purpose of reinvestment. 2. Where, […]

154 S.E.2d 14 FLEMING v. SANDERS, Commissioner, et al.; and vice versa. 23939, 23940.Supreme Court of Georgia.ARGUED FEBRUARY 15, 1967. DECIDED FEBRUARY 23, 1967. REHEARING DENIED MARCH 9, 1967. UNDERCOFLER, Justice. The judgment appealed from in this case was entered on November 7, 1966, denying a mandamus absolute. A notice of appeal was filed on […]

281 S.E.2d 565 MIELE v. GREGORY et al. 37651.Supreme Court of Georgia. DECIDED SEPTEMBER 8, 1981. PER CURIAM. Appellant, Louis Paul Miele, filed a petition for writ of habeas corpus in Wilcox County, Georgia, seeking the return of his minor child who was in the custody of the child’s maternal great aunt and great uncle. […]

253 S.E.2d 759 HAMBY v. THE STATE. 34555.Supreme Court of Georgia.SUBMITTED FEBRUARY 9, 1979. DECIDED MARCH 7, 1979. REHEARING DENIED MARCH 27, 1979. MARSHALL, Justice. The defendant appeals from his conviction of murder and his life sentence. 1. The appellant attacked, after the return of the indictment, the composition of the grand jury which indicted […]

71 S.E.2d 520 MARLOW v. BURNS. 17893.Supreme Court of Georgia.SUBMITTED JUNE 9, 1952. DECIDED JULY 14, 1952. HEAD, Justice. The verdict of the jury is amply supported by the evidence; and, no error of law being otherwise asserted, the judgment of the trial court denying the motion for new trial must be. Affirmed. All the […]

480 S.E.2d 1 KENNEBREW v. THE STATE Case No. S96A1557Supreme Court of Georgia. Decided: November 12, 1996 RECONSIDERATION DENIED DECEMBER 20, 1996 Substitute Opinion December 20, 1996 HUNSTEIN, Justice, Appellant, Edgurado Kennebrew, was convicted of malice murder and felony murder in the death of Eric Snowden.[1] He was sentenced Page 401 to life in prison […]

274 S.E.2d 340 SHERATON CUMBERLAND ASSOCIATES LTD. v. COBB COUNTY et al. 36543.Supreme Court of Georgia. DECIDED FEBRUARY 10, 1981. The judgment of the trial court is affirmed without opinion pursuant to Rule 59. All the Justices concur. DECIDED FEBRUARY 10, 1981. Mandamus, etc. Cobb Superior Court. Before Judge Bullard. Awtrey Parker, L. M. Awtrey, […]

492 S.E.2d 893 McGHEE et al. v. JOHNSON et al. S97A1732.Supreme Court of Georgia. DECIDED NOVEMBER 24, 1997 CARLEY, Justice. Appellant James McGhee owns 2 acres in a subdivision. He and appellant Roslyn Buckner placed a mobile home on the lot, even though restrictive covenants prohibited mobile homes in the subdivision. They claimed to be […]

80 S.E.2d 294 POORE v. POORE. 18397.Supreme Court of Georgia.ARGUED NOVEMBER 9, 1953. DECIDED JANUARY 11, 1954. REHEARING DENIED FEBRUARY 11, 1954. The trial judge properly directed a verdict for the defendant. ARGUED NOVEMBER 9, 1953 — DECIDED JANUARY 11, 1954 — REHEARING DENIED FEBRUARY 11, 1954. Cancellation, etc. Before Judge Edmondson. Lumpkin Superior Court. […]

110 S.E.2d 744 BUNCKLEY v. THE STATE. 20601.Supreme Court of Georgia.SUBMITTED SEPTEMBER 15, 1959. DECIDED OCTOBER 9, 1959. DUCKWORTH, Chief Justice. The plaintiff in error was indicted, tried, and convicted in Talbot Superior Court of robbery by force, and the jury failed to return a recommendation for merely. Thereafter he filed a motion for new […]

396 S.E.2d 782 IN THE MATTER OF W. LARRY COHRAN. SUPREME COURT DISCIPLINARY NO. 250Supreme Court of Georgia. DECIDED OCTOBER 4, 1990. PER CURIAM. The State Bar of Georgia filed a complaint against Cohran concerning transactions involving his client, Mae Norey, alleging violations of Standards 3, 4, and 45.[1] The complaint is in three counts. […]

642 S.E.2d 41 ROQUEMORE v. BURGESS. No. S06A2014.Supreme Court of Georgia. DECIDED FEBRUARY 5, 2007. BENHAM, Justice. William D. Roquemore and Sandra C. Burgess were divorced in September 2002. Incorporated into the divorce decree was an agreement which obligated Roquemore to pay Burgess $15,000 in consideration of her relinquishment of her interest in the marital […]

312 S.E.2d 102 BARTOW COUNTY BANK v. BARTOW COUNTY BOARD OF TAX ASSESSORS et al. CITIZENS SOUTHERN BANK OF BARTOW COUNTY v. BARTOW COUNTY BOARD OF TAX ASSESSORS et al. FIRST NATIONAL BANK OF CARTERSVILLE v. BARTOW COUNTY BOARD OF TAX ASSESSORS et al. 37868, 37869, 37870.Supreme Court of Georgia. DECIDED JANUARY 4, 1984. HILL, […]

502 S.E.2d 219 IN THE MATTER OF MARY LEE SCOTT BRYSON. S98Y1234.Supreme Court of Georgia. DECIDED JULY 6, 1998. PER CURIAM. Pursuant to Rule 4-208.1 of the Rules and Regulations of the State Bar of Georgia, the Investigative Panel of the State Disciplinary Board issued a Notice of Discipline for disbarment against Respondent Mary Lee […]

453 S.E.2d 698 JENKINS v. GARRISON. S94A1678.Supreme Court of Georgia. DECIDED FEBRUARY 20, 1995. BENHAM, Presiding Justice. Petitioner, a Georgia resident, was charged in an indictment returned Page 43 in Alabama in December 1992 with 11 counts of misdemeanor distribution of obscene materials. Upon learning of her indictment, petitioner surrendered to respondent, the sheriff of […]

122 S.E.2d 731 CLARK v. KELLY, Executrix. 21403.Supreme Court of Georgia.ARGUED OCTOBER 10, 1961. DECIDED NOVEMBER 9, 1961. REHEARING DENIED NOVEMBER 21, 1961. A petition alleging that a defendant insurance agent represented that he had issued a binder insuring certain property when he knew that he had not, or that he promised that he would […]

36 S.E.2d 157 WALDEN v. WHITNEY COMPANY et al. 15286.Supreme Court of Georgia. NOVEMBER 14, 1945. CANDLER, Justice. S. M. Whitney Company, a corporation, filed an equitable action in the Superior Court of Jefferson County against C. H. Dixon and M. C. Barwick of that county, and Bessie Kate Walden and W. G. Walden of […]

228 S.E.2d 908 GRIFFIN v. THE STATE. 30970.Supreme Court of Georgia.SUBMITTED MARCH 26, 1976. DECIDED SEPTEMBER 9, 1976. GUNTER, Justice. This appeal is from a conviction for murder and a life sentence. The appellant defended against the charge primarily on the ground of self-defense. The state did not seek the death penalty. The evidence on […]

53 S.E.2d 491 LOGAN v. THE STATE. 16636.Supreme Court of Georgia. MAY 10, 1949. ATKINSON, Presiding Justice. The evidence was sufficient to authorize the verdict and the trial court did not err in overruling the motion for a new trial based upon the general grounds. Judgment affirmed. All the Justices concur. No. 16636. MAY 10, […]

526 S.E.2d 857 BARLOW v. BARLOW. S99A1309.Supreme Court of Georgia. DECIDED: FEBRUARY 28, 2000 FLETCHER, Presiding Justice. In this divorce action, Ronnie Barlow sought to introduce a neighbor’s tape recording of a cordless telephone conversation between his wife Elaine Barlow and another person. The trial court denied the wife’s motion to suppress the recording, but […]

218 S.E.2d 865 DURBIN v. WOODS. 30095.Supreme Court of Georgia.SUBMITTED JUNE 20, 1975. DECIDED SEPTEMBER 12, 1975. HALL, Justice. This is an interlocutory appeal by certificate from an order denying defendant’s motion for summary judgment. The suit is for specific performance and damages. The record does not show beyond doubt that the plaintiff has failed […]