Supreme Court of Georgia Decisions 2011
Date: November 30, 2011
Docket Number: S11G0417
Justia Opinion Summary: Dr. Carol Walker, a physician who sold nutritional supplements, filed a damage suit in the State Court of Gwinnet County against AmeriSciences and three of the company's corporate officers (appellants) under the Fair…
Date: November 29, 2011
Docket Number: S11A0833
Justia Opinion Summary: Defendant appealed his convictions for malice murder, aggravated assault, possession of a deadly weapon at a public gathering, possession of a firearm by a convicted felon, and possession of a firearm during the…
Date: November 29, 2011
Docket Number: S11A0927
Justia Opinion Summary: Defendant appealed his convictions for the malice murder of Rocky Heard, the aggravated assault of Ray Dean Heard, possession of a firearm during the commission of the crime of aggravated assault, affray, and simple…
Date: November 29, 2011
Docket Number: S11A0948
Justia Opinion Summary: Defendant appealed the denial of his motion to dismiss for failure to provide a speedy trial in violation of his rights under the State and Federal Constitutions, as well as the denials of his "plea in bar and motion to…
Date: November 29, 2011
Docket Number: S11A1207
Justia Opinion Summary: Appellant contended that it was a "public utility" under OCGA 48-1-2 and, as such, was required under OCGA 48-5-511 to make an annual tax return of its Georgia property to the Georgia Revenue Commissioner rather than to…
Date: November 21, 2011
Docket Number: S10G1808
Justia Opinion Summary: Appellants sued GLC and SGI asserting trademark infringement, deceptive trade practices, and breach of contract stemming from GLC's "Money Bags" lottery games of 2005 and 2007. At issue was whether the Court of Appeals…
Date: November 21, 2011
Docket Numbers: S10G1882, S10G1892
Justia Opinion Summary: These appeals arose from annexations by the City of parcels of unincorporated real property in Fayette County. At issue was whether appellee, the City resident seeking to enjoin the City from providing services to the…
Date: November 21, 2011
Docket Number: S10G1909
Justia Opinion Summary: This case involved a dispute over control of property belonging to the oldest church in Georgia, Christ Church in Savannah. At issue was whether the trial court and the Court of Appeals erred in applying the neutral…
Date: November 21, 2011
Docket Number: S11A0807
Justia Opinion Summary: After a jury trial, defendant was found guilty of felony murder, armed robbery, burglary, and aggravated assault. Defendant appealed the denial of a motion for a new trial. The court held that, under Davis v. State, the…
Date: November 21, 2011
Docket Number: S11A0964
Justia Opinion Summary: Defendant appealed his convictions for felony murder, criminal attempt to possess cocaine, and possession of a firearm during the commission of a crime. The court held that defendant could not be sentenced on both felony…
Date: November 21, 2011
Docket Number: S11A0965
Justia Opinion Summary: Defendant was convicted of felony murder, three counts of aggravated assault, and three counts of possession of a firearm during the commission of a crime in connection with a shooting death. Defendant appealed the trial…
Date: November 21, 2011
Docket Number: S11A1226
Justia Opinion Summary: Defendant, a seventeen-year-old, was found guilty of felony murder and several other offenses in connection with a shooting death. On appeal, defendant contended that he was unfairly denied his right to conflict-free…
Date: November 21, 2011
Docket Number: S11A1250
Justia Opinion Summary: Defendant was convicted of armed robbery, kidnapping with bodily injury, hijacking a motor vehicle, aggravated assault, and possession of a firearm during the commission of a felony. The court granted defendant a…
Date: November 21, 2011
Docket Number: S11F0892
Justia Opinion Summary: Wife was granted an appeal from the superior court's denial of her motion for new trial, as amended, following its entry of a final judgment and decree of divorce and order of custody (decree). Wife appealed the decree's…
Date: November 21, 2011
Docket Number: S11G0274
Justia Opinion Summary: The court granted certiorari to examine whether the "anti-indemnity" statute found at OCGA 13-8-2(b) applied to invalidate an indemnification clause within an assignment and assumption agreement transferring…
Date: November 21, 2011
Docket Number: S11G0478
Justia Opinion Summary: Purchasers sued Developers and Brokers, alleging that at the time of their purchases in a 26-story condominium, Developers had already undertaken plans to develop a 46-story building directly across the street.…
Date: November 21, 2011
Docket Number: S11G0587
Justia Opinion Summary: In a hierarchical church property dispute, the court granted certiorari in this case to consider whether the Court of Appeals correctly applied the "neutral principles of law" doctrine set forth in Jones v. Wolf. The…
Date: November 7, 2011
Docket Number: S10G1897
Justia Opinion Summary: Defendant was convicted on two counts each of child molestation and sexual exploitation of a child and one count each of aggravated child molestation and statutory rape based on sexual acts committed on several occasions…
Date: November 7, 2011
Docket Number: S11A0659
Justia Opinion Summary: Defendant appealed his convictions for felony murder, aggravated assault, and burglary. The court held that the trial court's finding that the statements defendant made to an officer were freely and voluntarily made was…
Date: November 7, 2011
Docket Number: S11A0727
Justia Opinion Summary: Defendant appealed the denial of his pre-trial motion for his discharge and acquittal of charges stemming from a double murder, based upon an alleged violation of his constitutional right to a speedy trial. The court did…
Date: November 7, 2011
Docket Number: S11A0734
Justia Opinion Summary: Defendant was convicted of felony murder and four other charges in connection with the death of the victim. The court granted the State's interlocutory appeal in which it challenged the grant of a new trial to defendant…
Date: November 7, 2011
Docket Number: S11A0810
Justia Opinion Summary: Defendant was convicted of the murder of his girlfriend's thirteen-month-old. On appeal, defendant contended that the trial court erred in interfering with his right to cross-examine a critical witness and in denying his…
Date: November 7, 2011
Docket Number: S11A0848
Justia Opinion Summary: Defendant appealed his conviction for malice murder and aggravated battery in connection with the fatal shooting of a victim and the wounding of another. On appeal, defendant maintained that he was denied due process of…
Date: November 7, 2011
Docket Number: S11A0909
Justia Opinion Summary: Defendant was convicted of malice murder and possession of a firearm during the commission of a crime while a convicted felon. On appeal, defendant contended his convictions were the results of ineffective assistance of…
Date: November 7, 2011
Docket Number: S11A0913
Justia Opinion Summary: The parties in this case were adjoining landowners whose deeds both allegedly included a disputed six-acre parcel lying in Land Lot 95 of the 16th District, First Section, in Union County, Georgia. Based on the evidence,…
Date: November 7, 2011
Docket Number: S11A0949
Justia Opinion Summary: The court granted petitioner a certificate of probable cause to appeal the denial of his petition for a writ of habeas corpus in order to determine whether the record of petitioner's guilty plea established that he…
Date: November 7, 2011
Docket Number: S11A0960
Justia Opinion Summary: This case stemmed from a dispute regarding the partition of a 40 acre piece of land where the testator's four heirs wanted to sell the land but the testator's grandson had been living on a 2.2 acre tract of land that was…
Date: November 7, 2011
Docket Number: S11A1061
Justia Opinion Summary: Caveators Celia Beth Simmons (Beth) and Lisa Kay Norton (Lisa) appealed from the grant of summary judgment to the propounder of the will of their father, Charles Powell Norton (Charles). Beth and Lisa contended that the…
Date: November 7, 2011
Docket Number: S11A1181
Justia Opinion Summary: Defendant was convicted of malice murder and related offenses in connection with the shooting death of the victim. On appeal, defendant asserted, inter alia, that trial counsel was ineffective because he impeached his…
Date: November 7, 2011
Docket Number: S11A1410
Justia Opinion Summary: Petitioner was convicted in 2000 of burglary and sentenced as a recidivist to 20 years in prison. At issue was whether a habeas court was required to transfer a properly filed petition for habeas corpus to another…
Date: November 7, 2011
Docket Number: S11A1526
Justia Opinion Summary: Defendant was convicted of felony murder, aggravated assault, and other related offenses in connection with the shooting death of one victim and the aggravated assault of another victim. On appeal, defendant asserted,…
Date: November 7, 2011
Docket Number: S11F0812
Justia Opinion Summary: Wife and Husband were divorced and in the Final Decree, Wife was awarded primary physical custody of the parties' two minor children, and was also awarded child support. Husband appealed, contending that these rulings…
Date: November 7, 2011
Docket Number: S11F1140
Justia Opinion Summary: Husband and Wife entered into a Prenuptial Agreement before their marriage in 1990. The parties divorced twenty years later, and following a hearing, the trial court agreed to enforce the Prenuptial Agreement and…
Date: November 7, 2011
Docket Number: S11G0643
Justia Opinion Summary: Defendant was convicted of possession of cocaine and sentenced to four years imprisonment. Defendant appealed his conviction and the denial of his motion to suppress drug evidence seized from his vehicle, arguing that…
Date: October 17, 2011
Docket Number: S10G1902
Justia Opinion Summary: This case arose from an automobile collision in which a police officer employed by the City of Newman was driving a City police car when it was struck by a motor vehicle owned and operated by the insured, who had $25,000…
Date: October 17, 2011
Docket Number: S11A0722
Justia Opinion Summary: Defendant was found guilty of malice and felony murder of her husband, possession of a firearm during the commission of a crime, concealing the death of another, and two counts of cruelty to children in the second…
Date: October 17, 2011
Docket Numbers: S11A0752, S11A0914
Justia Opinion Summary: Defendants, Tonya and Jabaris Miller (mother and son), were convicted of malice murder, arson, and other related offenses in connection with the death of the victim. Tonya appealed in Case No. S11A0752 and Jabaris…
Date: October 17, 2011
Docket Number: S11A0839
Justia Opinion Summary: Defendant was convicted of malice murder, felony murder, and aggravated assault for the shooting death of the victim. The trial court denied defendant's motion for a new trial and he appealed, challenging the…
Date: October 17, 2011
Docket Number: S11A0936
Justia Opinion Summary: Defendant was convicted of murder and aggravated assault. On appeal, defendant challenged the sufficiency of the evidence and the trial court's admission of a hearsay statement into evidence against him. The court held…
Date: October 17, 2011
Docket Numbers: S11A0937, S11X0938
Justia Opinion Summary: Defendant was convicted of two murders and aggravated assault, as well as related crimes. In case number S11A0937, the warden appealed the vacating of defendant's death sentence and defendant cross-appealed in case…
Date: October 17, 2011
Docket Number: S11A0962
Justia Opinion Summary: Defendant was convicted of murder and numerous other crimes in connection with a home invasion in 2004. On appeal, he challenged the sufficiency of the evidence to support four of his five kidnapping convictions and…
Date: October 17, 2011
Docket Number: S11A1014
Justia Opinion Summary: Defendant was convicted of felony murder and aggravated assault with the shooting death of the victim. Defendant subsequently appealed from the denial of his motion for new trial, arguing that a search warrant for his…
Date: October 17, 2011
Docket Number: S11A1070
Justia Opinion Summary: In 1995, a jury found defendant guilty of rape, aggravated sodomy, aggravated child molestation, and six counts of child molestation. The court subsequently granted certiorari in this case to consider whether a trial…
Date: October 17, 2011
Docket Number: S11A1103
Justia Opinion Summary: Defendant appealed his convictions for felony murder and cruelty to children, contending that he received ineffective assistance because his trial counsel failed to object to expert testimony on the ultimate issue in…
Date: October 17, 2011
Docket Number: S11A1194
Justia Opinion Summary: Defendant was convicted of felony murder in connection with the death of a 16-month-girl. On appeal, he argued that the evidence was insufficient to show that he acted with the requisite mens rea and that the trial court…
Date: October 17, 2011
Docket Number: S11A1232
Justia Opinion Summary: Defendant plead guilty to two counts of malice murder, one count of aggravated assault, and one count of possession of a firearm by a convicted felon. On appeal, defendant contended, inter alia, that the trial court…
Date: October 17, 2011
Docket Number: S11A1260
Justia Opinion Summary: This case arose when Josephine Bailey petitioned to quiet title under OCGA 23-3-60 et seq., asserting that she owned an adjacent property at issue by deed and, in the alternative, by prescription. On appeal, Bailey…
Date: October 17, 2011
Docket Number: S11A1842
Justia Opinion Summary: Defendant appealed the judgment of conviction entered against him on a number of crimes committed in connection with the murder of the victim. On appeal, defendant challenged only the sufficiency of the evidence…
Date: October 17, 2011
Docket Number: S11G0556
Justia Opinion Summary: Plaintiff brought a slip and fall action against CSX under the Federal Employers' Liability Act (FELA), 45 U.S.C. 51 et seq., which provided a federal tort remedy for interstate railroad employees who were injured while…
Date: October 3, 2011
Docket Number: S10G1899
Justia Opinion Summary: The court granted certiorari to the Court of Appeals in order to consider whether the Court of Appeals erred in concluding that the State Board of Worker's Compensation exceeded its authority in promulgating its Rule…
Date: October 3, 2011
Docket Number: S10G1958
Justia Opinion Summary: Appellant was convicted of incest against his step-daughter, following sexual abuse that began when the victim was five years old and continued until she was 16, when he impregnated her and took her to get an abortion.…
Date: October 3, 2011
Docket Number: S10G1989
Justia Opinion Summary: Appellants filed suit against all appellees for compensatory and punitive damages, asserting breach of contract, negligence, fraud, and violations of the Georgia Racketeer Influenced and Corrupt Organizations Act (RICO),…
Date: October 3, 2011
Docket Number: S11A0847
Justia Opinion Summary: Defendant was convicted of malice murder, felony murder, aggravated assault, and aggravated battery for the death of his girlfriend's three-year-old child. Defendant appealed, contending, among other things, that the…
Date: October 3, 2011
Docket Number: S11A0872
Justia Opinion Summary: Appellant appealed his murder conviction, arguing that the evidence was insufficient to support the verdict and that his trial counsel was ineffective. The court held that the evidence was sufficient to authorize a…
Date: October 3, 2011
Docket Number: S11A0918
Justia Opinion Summary: Appellant was convicted of felony murder during the commission of aggravated assault, as well as a weapons charge. A motion for a new trial was denied and appellant appealed. The court rejected appellant's contention…
Date: October 3, 2011
Docket Number: S11A0939
Justia Opinion Summary: Defendant was convicted of felony murder, reckless conduct, aggravated battery, tampering with evidence, and possession of a firearm. Defendant raised several issues on appeal. The court held that the evidence presented…
Date: October 3, 2011
Docket Number: S11A0943
Justia Opinion Summary: A jury found defendant guilty of malice murder and possession of a firearm during the commission of a felony and defendant was sentenced to life imprisonment for murder, as well as to a consecutive five-year term for the…
Date: October 3, 2011
Docket Number: S11A1012
Justia Opinion Summary: Defendant appealed his convictions for felony murder while in the commission of aggravated assault and possession of a firearm during the commission of a felony in connection with a fatal shooting. On appeal, defendant…
Date: October 3, 2011
Docket Number: S11A1015
Justia Opinion Summary: Defendant was convicted of murder and other crimes after a pool hall fight. On appeal, defendant challenged the sufficiency of the evidence, the trial court's refusal to give a voluntary manslaughter jury instruction,…
Date: October 3, 2011
Docket Number: S11A1020
Justia Opinion Summary: After a jury trial, defendant was found guilty of three counts of burglary, two counts of false imprisonment, two counts of kidnapping with bodily injury, two counts of armed robbery, one count of kidnapping, three…
Date: October 3, 2011
Docket Number: S11A1037
Justia Opinion Summary: Defendant was indicted for malice murder, felony murder, aggravated assault, and possession of a knife during the commission of a felony when he punctured Jeffrey Waldon's femoral artery by a knife he held during a…
Date: October 3, 2011
Docket Number: S11A1059
Justia Opinion Summary: Defendant was convicted of felony murder, aggravated assault, and concealing the death of another. The felony murder was subsequently vacated by operation of law, and the trial court merged the aggravated assault count…
Date: October 3, 2011
Docket Number: S11A1330
Justia Opinion Summary: Defendant was convicted of malice murder and other crimes arising out of the shooting death of his wife. Defendant appealed from the denial of his motion for a new trial. The court held that the evidence was sufficient…
Date: October 3, 2011
Docket Number: S11A1540
Justia Opinion Summary: The court granted the interlocutory application of defendant to review the trial court's denial of a motion for bond defendant filed pursuant to OCGA 17-7-50. The appeal required the court to construe the statute to…
Date: October 3, 2011
Docket Number: S11F0835
Justia Opinion Summary: The court granted wife's non-frivolous application for discretionary appeal of the parties' final judgment of divorce. Wife contended, inter alia, that the trial court abused its discretion by entering its decree nunc…
Date: October 3, 2011
Docket Number: S11F0864
Justia Opinion Summary: Wife appealed the trial court's final divorce decree, contending that the district court erred in enforcing a postnuptial agreement and in determining that child custody was governed by the postnuptial agreement. The…
Date: October 3, 2011
Docket Number: S11F1035
Justia Opinion Summary: Husband challenged a divorce decree and the trial court's post-decree order denying his motion for a copy of the trial transcript. The court held that the trial court erred in denying the transcript motion and the court…
Date: September 12, 2011
Docket Numbers: S11A0628, S11X0699
Justia Opinion Summary: Defendant was charged with malice murder and other crimes arising out of a 1997 shooting death. In 1999, a jury acquitted defendant of malice murder but found him guilty of felony murder, armed robbery, kidnapping with…
Date: September 12, 2011
Docket Number: S11A0721
Justia Opinion Summary: Defendant appealed his conviction for felony murder, theft by receiving stolen property, felony fleeing and attempting to elude police, and aggravated assault. On appeal, defendant contended, among other things, that the…
Date: September 12, 2011
Docket Number: S11A0728
Justia Opinion Summary: Defendant was convicted in 2003 of murder and other crimes. In 2010, defendant filed a post-conviction motion in which he asked the trial court to amend his transcript to reflect that defendant had been restrained during…
Date: September 12, 2011
Docket Numbers: S11A0729, S11A0947
Justia Opinion Summary: Defendants appealed convictions related to the starvation and extreme malnourishment of their infant son. The court held that evidence was sufficient for a rational trier of fact to find beyond a reasonable doubt that…
Date: September 12, 2011
Docket Number: S11A0739
Justia Opinion Summary: Husband and wife were divorced in 2008 and husband subsequently filed a petition for downward modification of his child support obligation. The trial court read a divorce settlement to forbid changes to child support…
Date: September 12, 2011
Docket Number: S11A0759
Justia Opinion Summary: Defendant was convicted of malice murder, felony murder, aggravated assault, and possession of a firearm by a convicted felon. Defendant subsequently appealed the trial court's denial of his motion for new trial. The…
Date: September 12, 2011
Docket Numbers: S11A0760, S11X0761
Justia Opinion Summary: This appeal involved the manner in which a superior court could enforce the provisions of the Open Records Act (Act), OCGA 50-14-1, against a municipality. Plaintiffs filed a complaint alleging an Open Records Act…
Date: September 12, 2011
Docket Number: S11A0766
Justia Opinion Summary: Defendant was convicted of the malice murders of two victims and other crimes. Defendant subsequently appealed from the denial of his motion for new trial. The court held that the evidence was sufficient to enable a…
Date: September 12, 2011
Docket Number: S11A0767
Justia Opinion Summary: Defendant was found guilty of malice murder, possession of a firearm during commission of a felony, and possession of a firearm by a convicted felon. Defendant appealed after the denial of a motion for new trial. The…
Date: September 12, 2011
Docket Number: S11A0777
Justia Opinion Summary: Appellant challenged the probate court's declaratory judgment interpreting her father's will to require equal distribution of his personal property and residual estate among his eight children. The court held that the…
Date: September 12, 2011
Docket Number: S11A0799
Justia Opinion Summary: The warden appealed the grant of defendant's petition for writ of habeas corpus where the petition was granted on the basis that defendant had ineffective assistance of counsel at his probation revocation and…
Date: September 12, 2011
Docket Number: S11A0803
Justia Opinion Summary: Defendant appealed from a murder conviction in connection with a stabbing death. The court held that the evidence was sufficient to sustain defendant's convictions on all counts. The court also held that, because the…
Date: September 12, 2011
Docket Number: S11A0818
Justia Opinion Summary: Defendant was convicted of murder and appealed his conviction, arguing that the evidence against him was insufficient, that the long delay in his appeal violated his due process rights, and that his trial counsel's…
Date: September 12, 2011
Docket Number: S11A0993
Justia Opinion Summary: Defendant appealed from the denial of his motion for new trial following his conviction of malice murder and other related crimes. The court held that the evidence was sufficient to enable a rational trier of fact to…
Date: September 12, 2011
Docket Number: S11A1011
Justia Opinion Summary: Defendant was convicted of murder, felony murder, cruelty to children, and aggravated battery for the death of his four-month-old baby. Defendant appealed, contending, among other things, that the evidence was…
Date: September 12, 2011
Docket Number: S11A1031
Justia Opinion Summary: Defendant sought reversal of his convictions for malice murder, three counts of aggravated assault, and four counts of possession of a firearm during the commission of a crime. The court held that the evidence was…
Date: September 12, 2011
Docket Number: S11A1076
Justia Opinion Summary: Defendant was convicted of malice murder, felony murder, armed robbery, and other offenses in connection with the killing of the victim and his son. Defendant raised several issues on appeal. The court held that the…
Date: September 12, 2011
Docket Number: S11A1102
Justia Opinion Summary: Plaintiff filed a suit against two county police officers in their individual capacities, contending that the officers negligently operated their vehicles by causing plaintiff to lose control of his vehicle and crash.…
Date: September 12, 2011
Docket Number: S11A1114
Justia Opinion Summary: Defendant was convicted of malice murder, felony murder, aggravated assault, and possession of a firearm during the commission of a crime. Defendant raised several issues on appeal. The court held that the evidence…
Date: September 12, 2011
Docket Number: S11A1122
Justia Opinion Summary: Defendant entered a negotiated plea of guilty on one count of child molestation in October 2003 and was sentenced to twenty years probation. In October 2010, defendant filed a petition for writ of mandamus seeking to…
Date: September 12, 2011
Docket Numbers: S11A1124, S11A1142
Justia Opinion Summary: Corey Bernard Freeman and Ethron Carl Crawford each filed a pre-trial petition for writ of habeas corpus. Recognizing that Freeman and Crawford both qualified as a prisoner pursuant to OCGA 42-12-3(4), the court ordered…
Date: September 12, 2011
Docket Number: S11A1252
Justia Opinion Summary: Appellant challenged his conviction for violating a county ordinance regulating the volume of noise from "mechanical sound-making devices." Appellant contended that the provision was facially invalid under the free…
Date: September 12, 2011
Docket Number: S11A1338
Justia Opinion Summary: Defendant was convicted of and sentenced for the malice murder, aggravated assault, and armed robbery of the victim, as well as possession of a knife during the commission of an armed robbery. Defendant appealed his…
Date: September 12, 2011
Docket Number: S11F1052
Justia Opinion Summary: Wife and husband were married in 1993 and, after a bench trial, were awarded a final decree of divorce on July 14, 2010. The court granted wife's application for discretionary review under this court's previously…
Date: September 12, 2011
Docket Number: S11G0660
Justia Opinion Summary: The Court of Appeals held that Victor Bruscato was entitled to continue pursing a claim for medical malpractice against his psychiatrist, Dr. Derek O'Brien, based at least in part on an agreement that Bruscato brutally…
Date: September 6, 2011
Docket Number: S11Z1336
Justia Opinion Summary: After receiving complaints about the alleged misconduct of Catoosa County Magistrate Court Judge Anthony Peters, the Judicial Qualifications Commission (JQC) initiated an investigation and subsequently filed formal…
Date: July 11, 2011
Docket Number: S10G2071
Justia Opinion Summary: Defendant was convicted of aggravated sexual battery, cruelty to children, and four counts of child molestation. At issue was whether two police officers' interview with defendant was properly admitted into evidence…
Date: July 11, 2011
Docket Number: S10G2079
Justia Opinion Summary: Defendant was convicted of felony possession of a controlled substance and felony possession of drugs not in their original container where, during a search incident to arrest, police officers found in defendant's…
Date: July 11, 2011
Docket Number: S11A0611
Justia Opinion Summary: Defendant was found guilty of felony murder, the underlying felony of aggravated assault, and possession of a firearm during the commission of a felony. After a motion for a new trial was filed by defendant and denied by…
Date: July 11, 2011
Docket Number: S11A0827
Justia Opinion Summary: Defendant was convicted of malice murder in the stabbing death of his wife. On appeal, defendant claimed that the trial court improperly denied his motion for mistrial and erroneously failed to give his requested jury…
Date: July 11, 2011
Docket Number: S11A0851
Justia Opinion Summary: Defendant was convicted of malice murder, felony murder during the commission of a conspiracy to commit trafficking in cocaine, the underlying conspiracy offense itself, trafficking in a quantity of cocaine separate and…
Date: July 11, 2011
Docket Number: S11F0919
Justia Opinion Summary: Husband and wife were married in 1983 and wife filed a petition for an uncontested divorce on April 26, 2000. The trial court signed a final decree granting a divorce on June 1, but the decree was not filed with the…
Date: July 8, 2011
Docket Number: S11A0319
Justia Opinion Summary: Defendant appealed his conviction for felony murder of a homeless man (victim) in downtown Decatur, Georgia. At issue was whether the trial court should have excluded testimony of three witnesses regarding prior…
Date: July 8, 2011
Docket Number: S11A0492
Justia Opinion Summary: Defendant appealed his convictions for malice murder, armed robbery, and possession of a firearm during the commission of a crime. At issue was whether the trial court erred in instructing the jury on the law regarding…
Date: July 8, 2011
Docket Number: S11A0559
Justia Opinion Summary: Plaintiff, the non-profit corporation that served as the homeowners association for the Skidway Island Community, sued defendants claiming that defendants did not own a strip of land which was located between defendants'…
Date: July 8, 2011
Docket Number: S11A0585
Justia Opinion Summary: Defendant was convicted of malice murder, aggravated assault, hindering the apprehension of a criminal, and tampering with the evidence. Defendant raised several issues on appeal. The court held that the offense of…
Date: July 8, 2011
Docket Number: S11A0606
Justia Opinion Summary: This case stemmed from the "catchmekiller" YouTube website and videos in which defendant made and posted two videos that were part of an online murder mystery "game" for participants who could post and review comments on…
Date: July 5, 2011
Docket Number: S10G0971
Justia Opinion Summary: Plaintiff filed a wrongful death action against defendant alleging, inter alia, negligence in that plaintiff made numerous telephone calls to the motel the night before her husband died, and when she was unable to reach…
Date: July 5, 2011
Docket Number: S10G1220
Justia Opinion Summary: Plaintiff, a prisoner who was incarcerated 22 months past his release date, sued appellants alleging that they failed to comply with OCGA 42-5-50(a) by notifying the Department of Corrections (DOC) of his amended…
Date: July 5, 2011
Docket Number: S10G1354
Justia Opinion Summary: Defendant was convicted of burglary and criminal trespass when defendant asserted that he entered a home through an unlocked door because he thought he saw a "for sale by owner" and "open house" signs posted in front of…
Date: July 5, 2011
Docket Number: S10G1374
Justia Opinion Summary: Appellee filed a post-judgment garnishment action against a bank in Athens, Georgia, that purportedly held assets of the judgment debtor. At issue was whether the court of appeals erred in holding that substantial…
Date: July 5, 2011
Docket Number: S10G1652
Justia Opinion Summary: This case stemmed from a motor vehicle collision in which six people were killed and several were injured. The driver of one of the vehicles drove with a passenger to a convenient store while intoxicated and purchased a…
Date: July 5, 2011
Docket Number: S11A0009
Justia Opinion Summary: The trustee of a testamentary trust that was a beneficiary of the last will and testament of the late Edgar Hollis filed an action seeking an accounting, the removal of appellant who was the executor of the estate, and…
Date: July 5, 2011
Docket Numbers: S11A0044, S11A0045, S11A0239, S11A0240, S11A0241
Justia Opinion Summary: These appeals arose from trial court orders granting preliminary injunctions and appointing receivers to take control of the assets of certain stores and operate them. In each of the five stores, the state filed civil…
Date: July 5, 2011
Docket Number: S11A0046
Justia Opinion Summary: Appellant, a limited liability company that speculated in real estate, brought this appeal to challenge the ruling of the trial court upholding the constitutionality of OCGA 9-13-172.1, authorizing the rescission of…
Date: July 5, 2011
Docket Number: S11A0153
Justia Opinion Summary: Defendant challenged his 2005 convictions for murder and other crimes in connection with the shooting deaths of two victims. The court held that the trial court did not err in concluding that defendant's statements made…
Date: July 5, 2011
Docket Number: S11A0303
Justia Opinion Summary: Defendant appealed his convictions for felony murder and other crimes in connection with the shooting death of the victim. Defendant raised several issues of error on appeal. The court held that the evidence presented at…
Date: July 5, 2011
Docket Numbers: S11X0314, S11X0315
Justia Opinion Summary: Defendant was convicted of murder and sentenced to life imprisonment. At issue was whether defendant's public defender had rendered ineffective assistance of counsel due to a conflict of interest inhering in his…
Date: July 5, 2011
Docket Number: S11A0354
Justia Opinion Summary: Plaintiffs appealed from an order granting summary judgment to defendant for the alleged breach of an intergovernmental agreement (IGA) entered into by the parties for the distribution of funds generated by a special…
Date: July 5, 2011
Docket Number: S11A0403
Justia Opinion Summary: Appellants, former sworn officers of the Atlanta Police Department, appealed the grant of summary judgment to the Policemen's Pension Fund Board of Trustees (Board) in appellants' action seeking a writ of mandamus and an…
Date: June 27, 2011
Docket Number: S10G1596
Justia Opinion Summary: After an automobile driven by defendant struck and killed the victim, a grand jury returned a two-count indictment against defendant. At issue was whether Count I of the indictment was properly dismissed because it…
Date: June 27, 2011
Docket Number: S10G1633
Justia Opinion Summary: Defendant was convicted for aggravated assault, concealing the death of another, and possession of a firearm in the commission of a crime. At issue was whether the jury instruction on aggravated assault must include an…
Date: June 27, 2011
Docket Number: S11A0019
Justia Opinion Summary: Plaintiffs filed suit against defendant seeking a declaratory injunction that defendant did not have an easement on their property, damages for trespass and conversion for a 2007 and 2008 incident, an injunction against…
Date: June 27, 2011
Docket Number: S11A0220
Justia Opinion Summary: Appellant was convicted of felony murder, aggravated assault, and possession of a firearm during the commission of a felony in connection with the shooting death of his stepson. Appellant raised several issues of error…
Date: June 27, 2011
Docket Number: S11A0287
Justia Opinion Summary: Defendant was convicted of malice murder, burglary and other crimes arising out of the shotgun killing of the victim. Defendant appealed from the denial of his motion for a new trial challenging the admission of the…
Date: June 27, 2011
Docket Number: S11A0290
Justia Opinion Summary: In November 2003, defendant was found not guilty by reason of insanity of several crimes, including aggravated assault, and subsequently involuntarily committed to the Northwest Georgia Regional Hospital (hospital). In…
Date: June 27, 2011
Docket Number: S11A0459
Justia Opinion Summary: Appellants filed a petition to quiet title against all the world as to two parcels of land (Tracts 1 and 1A) in Lavonia, asserting a claim of slander of title against Hartwell Railroad Company (Hartwell). Hartwell only…
Date: June 20, 2011
Docket Number: S10G1085
Justia Opinion Summary: Defendant was convicted of driving under the influence per se based on evidence that the Intoxilyzer 5000 recorded her blood alcohol concentration as .179 grams, a result over the legal limit of .08 grams. Defendant…
Date: June 20, 2011
Docket Number: S10G1355
Justia Opinion Summary: Defendant was convicted of driving under the influence of alcohol per se based on evidence from the Intoxilyzer 5000 that her blood alcohol level was .156 grams, over the legal limit of .08 grams. Defendant appealed the…
Date: June 20, 2011
Docket Number: S11A0140
Justia Opinion Summary: Defendant appealed from his convictions for malice murder and possession of a firearm during the commission of a crime. At issue was whether the evidence was insufficient and whether the trial court erred in admitting…
Date: June 20, 2011
Docket Number: S11A0253
Justia Opinion Summary: Defendant appealed his 1984 conviction of malice murder. At issue was whether defendant's guilty plea was invalid under Boykin v. Alabama because the State failed to meet its burden of showing that he knowingly and…
Date: June 13, 2011
Docket Number: S10G0617
Justia Opinion Summary: Defendant was indicted for armed robbery, aggravated assault, and two counts of burglary and rejected the State's plea agreement. At issue was whether defendant's trial counsel rendered ineffective assistance by failing…
Date: June 13, 2011
Docket Number: S10G1141
Justia Opinion Summary: Appellant sued appellees for breach of contract where the parties entered into a contract for appellant to build a house for appellees. After trial, the jury found that appellees did not breach the contract and awarded…
Date: June 13, 2011
Docket Number: S10G1244
Justia Opinion Summary: Appellant owned and operated the Sewell Creek Energy Facility, a "peaking" power plant that began operating in 2000. Appellees, neighbors of the power plant, filed suit in 2007 alleging that the power plant constituted a…
Date: June 13, 2011
Docket Numbers: S10G1343, S10G1345
Justia Opinion Summary: Cobb Electric Membership Corporation ("Cobb EMC") members filed a derivative action against Cobb EMC and the parties subsequently entered into a settlement agreement. At issue was whether the Court of Appeals erred by…
Date: June 13, 2011
Docket Number: S10G1592
Justia Opinion Summary: Appellee was convicted of numerous felonies stemming from a 1993 bank robbery and was sentenced as a recidivist for life in prison and a number of years to serve consecutively, all without parole. At issue was whether…
Date: June 13, 2011
Docket Number: S10G1743
Justia Opinion Summary: Defendant was indicted for homicide by vehicle in July 2008 where he was accused of causing the other occupant of the car's death by recklessly speeding and failing to maintain his lane. When defendant's attorney hired…
Date: June 13, 2011
Docket Numbers: S11A0101, S11A0023
Justia Opinion Summary: These related appeals concern the rights of certain sign companies to construct billboards in areas formerly located in unincorporated Fulton County that are now located in the recently created cities of Sandy Springs,…
Date: June 13, 2011
Docket Number: S11A0159
Justia Opinion Summary: Appellant was indicted on charges of rape, aggravated assault, and two counts of cruelty to children. At issue was whether the habeas court erred by finding that appellant's guilty plea was valid in light of the multiple…
Date: June 13, 2011
Docket Number: S11A0185
Justia Opinion Summary: Mother and Father were divorced pursuant to a Final Decree in March 2009 which gave the parties joint legal custody of their minor child and named Mother as the primary legal custodian. Father then filed a complaint to…
Date: June 13, 2011
Docket Number: S11A0310
Justia Opinion Summary: Nu-Day Partnership, LLLP, ("Nu-Day"), a family limited partnership, filed an action against Norma Day for, among other things, quiet title in an attempt to clarify that Nu-Day was still the owner of certain property in…
Date: June 13, 2011
Docket Number: S11A0348
Justia Opinion Summary: Defendant appealed his convictions and sentences for malice murder, aggravated assault, conspiracy to commit armed robbery, and possession of a firearm during the commission of a crime. At issue was whether the State…
Date: June 13, 2011
Docket Number: S11A0372
Justia Opinion Summary: Appellant was convicted of malice murder, felony murder, aggravated assault, aggravated battery, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a felony in connection…
Date: June 13, 2011
Docket Number: S11A0474
Justia Opinion Summary: Defendant was convicted of two counts each of murder, armed robbery, and aggravated assault and was sentenced to death for each of the murders. At issue was whether the trial court erred in its order addressing what…
Date: June 13, 2011
Docket Number: S11A0488
Justia Opinion Summary: Appellee filed an application for contempt after appellant failed to make the first installment payment on the lake house the parties owned and missed the July and August child support and home maintenance payments…
Date: June 13, 2011
Docket Number: S11A0603
Justia Opinion Summary: Defendant was convicted of malice murder and possession of a firearm during the commission of a felony. At issue was whether the trial court erred by not exercising its discretion in its review of the motion for new…
Date: June 13, 2011
Docket Number: S11F0112
Justia Opinion Summary: Husband appealed the final judgment of divorce and of an order, which he claimed held him in contempt of a temporary order. At issue was whether the trial court erred in awarding wife alimony because husband alleged that…
Date: May 31, 2011
Docket Number: S10G1337
Justia Opinion Summary: While on probation in Douglas County, defendant was charged with drug-related offenses in Paulding County. The Douglas County Court issued a probation warrant for his arrest based on the Paulding County charges and…
Date: May 31, 2011
Docket Number: S10G1687
Justia Opinion Summary: Plaintiff, who was employed as the City of McDonough's ("city") chief building inspector, brought suit against the city when the city refused to pay him severance under an employment agreement contract. At issue was…
Date: May 31, 2011
Docket Number: S11A0043
Justia Opinion Summary: Harvey Strother, who was domiciled in Georgia, bequeathed a Florida condominium to his long time mistress, Anne Melican, but prior to his death, he entered into a contract to sell the condominium. Although Strother died…
Date: May 31, 2011
Docket Number: S11A0051
Justia Opinion Summary: Defendant appealed his convictions for felony murder and violating the Georgia Controlled Substances Act ("VGCSA"), Title 16, Chapter 13, in connection with the death of a young man. Defendant asserted that the evidence…
Date: May 31, 2011
Docket Numbers: S11X0212, S11X0214
Justia Opinion Summary: Lucien Cabrel died in December 1963 and Cabrel's wife and four minor children were the recipients of a joint award of year's support in 1964. In 2000, Cabrel's two daughters filed a petition to partition real property in…
Date: May 31, 2011
Docket Number: S11A0237
Justia Opinion Summary: Appellant appealed pro se the denial of his pre-trial petition for a writ of habeas corpus where he was indicted on charges of aggravated assault, obstruction of a law enforcement officer, criminal damage to property,…
Date: May 31, 2011
Docket Number: S11A0311
Justia Opinion Summary: Appellant was convicted of malice murder, felony murder, aggravated assault, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a crime. At issue was whether appellant…
Date: May 31, 2011
Docket Number: S11A0384
Justia Opinion Summary: Defendant was arrested on September 11, 2007 for murder and his motion to dismiss was filed on August 27, 2010, almost three years later. At issue was whether the trial court properly denied defendant's motion to dismiss…
Date: May 31, 2011
Docket Number: S11A0437
Justia Opinion Summary: Mother and father were divorced in March 2007 and father was awarded primary physical custody of the parties' two young children and mother was awarded substantial visitation and was required to pay child support. Mother…
Date: May 31, 2011
Docket Number: S11A0536
Justia Opinion Summary: Appellant, a 15-year-old, was convicted of murdering her mother and sentenced to life imprisonment plus a consecutive five-year term for firearm possession. At issue was whether the trial court committed reversible error…
Date: May 16, 2011
Docket Number: S10A1773
Justia Opinion Summary: This appeal involved a constitutional challenge to the 2008 Georgia Charter Schools Commission Act ("Act"), OCGA 20-2-2081 et seq. Appellants, local school systems whose 2009 and 2010 complaints were consolidated by the…
Date: May 16, 2011
Docket Number: S11A0688
Justia Opinion Summary: Mother and father were divorced in 2003 and these appeals were from their most recent post-divorce litigation. At issue, inter alia, was whether the trial court had jurisdiction to enter the award on attorney fees in May…
Date: May 16, 2011
Docket Number: S11A0120
Justia Opinion Summary: Appellant was convicted of felony murder and two counts of aggravated assault in connection with the shooting death of a three-year-old. Appellant appealed from the denial of his motion for new trial arguing that the…
Date: May 16, 2011
Docket Number: S11A0292
Justia Opinion Summary: Defendant was charged with malice murder and concealing the death of another in connection with the killing of his girlfriend. The court granted defendant an interlocutory appeal from an order of the superior court which…
Date: May 16, 2011
Docket Number: S11A0298
Justia Opinion Summary: Appellant was convicted of two counts of malice murder and various related offenses in connection with the asphyxiation death of an individual and the bludgeoning death of her daughter. Appellant appealed certain jury…
Date: May 16, 2011
Docket Number: S11A0374
Justia Opinion Summary: Husband and wife executed a will in 1980, which was expressly identified as being "joint and mutual," bequeathing all of their property to each other as the survivor in fee simple and at the death of the survivor, the…
Date: May 16, 2011
Docket Number: S11A0393
Justia Opinion Summary: Appellant was convicted of murder and appealed the propriety of the trial court's dismissal of his appeal from the trial court's order for failure to pay appeal costs. At issue was whether the trial court erred in…
Date: May 16, 2011
Docket Number: S11A0467
Justia Opinion Summary: Husband and wife were married in Addis Ababa, Ethiopia and two daughters were born in Georgia during the marriage. After husband and wife divorced, wife was awarded custody of the children and husband subsequently…
Date: May 16, 2011
Docket Number: S11A0496
Justia Opinion Summary: Appellant filed a negligence action against a police officer, in his individual and official capacity, and the City of Waynesboro after appellant was injured when the officer, while conducting a routine patrol, drove his…
Date: May 16, 2011
Docket Numbers: S11X0509, S11x0512
Justia Opinion Summary: The City of Atlanta ("city"), which required the payment of hotel occupancy taxes pursuant to OCGA 48-13-50 et seq., brought an action against Hotels.com and on-line travel companies (collectively, "OTCs"), which book…
Date: May 16, 2011
Docket Number: S11A0560
Justia Opinion Summary: Defendant appealed from the trial court's denial of his motion in arrest of judgment were he was convicted of felony murder and other crimes where the motion asserted that defendant's indictment was substantively…
Date: May 16, 2011
Docket Number: S11A0956
Justia Opinion Summary: Appellant appealed the trail court's dismissal of her action contesting the outcome of the August 10, 2010 Stewart County primary election in which she was an unsuccessful candidate. Appellant filed the election contest…
Date: May 16, 2011
Docket Numbers: S11Y0889, S11Y0890, S11Y0891
Date: April 26, 2011
Docket Number: S10G1263
Justia Opinion Summary: The Court of Appeals affirmed the trial court’s conviction of Appellant Timothy Hammond for sexual battery, aggravated sodomy, kidnapping with bodily injury, aggravated assault, burglary and false imprisonment.…
Date: April 26, 2011
Docket Number: S11A0031
Justia Opinion Summary: Appellant Jimmy Jones was convicted of murder and firearms offenses in connection with the shooting death of Latoya Singleton. At trial, Appellant asserted a defense of accident, testifying that he went to the victim’s…
Date: April 26, 2011
Docket Number: S11A0118
Justia Opinion Summary: Petitioner Devon Richardson appealed the denial of his habeas corpus petition in which he sought to be released on bail pending his trial on criminal charges. Petitioner was arrested December 9, 2008 in New York for the…
Date: April 26, 2011
Docket Number: S11A0191
Justia Opinion Summary: Appellant Sammy Brinson, Jr. was convicted and sentenced for felony murder and aggravated battery in connection with the death of his infant daughter. He appealed his conviction, asserting among other issues, that the…
Date: April 26, 2011
Docket Number: S11A0469
Justia Opinion Summary: Appellant Damien Norris and his co-defendant Demarcus Armour were jointly tried before a jury. Both were found guilty of felony murder, aggravated assault and possession of a firearm during the commission of a felony.…
Date: April 26, 2011
Docket Number: S11A0495
Justia Opinion Summary: After a jury trial, Appellant Carlos Martinez was found guilty of malice murder and possession of a firearm during the commission of a crime. The trial court entered judgments of conviction and sentenced Appellant to…
Date: April 26, 2011
Docket Number: S11A0622
Justia Opinion Summary: Donald Greenwood and Joan Greenwood were divorced November 6, 2008. Pursuant to the divorce decree, the Husband was awarded the marital residence; however the decree required him to refinance the residence before October…
Date: April 26, 2011
Docket Number: S11F0670
Justia Opinion Summary: After 16 years of marriage, Michael Abt filed for divorce from his wife Kerry. The couple had two children. The trial court conducted a temporary hearing and awarded the parties joint custody of the children with the…
Date: April 18, 2011
Docket Number: S10G1815
Justia Opinion Summary: In January, 2008, the State filed accusations against Appellant Hwa Ja Lee, charging her with three misdemeanor offenses: pimping, prostitution and keeping a house of prostitution. Appellant raised the state statute of…
Date: April 18, 2011
Docket Number: S11A0088
Justia Opinion Summary: Appellant Hughes was found guilty of malice murder, felony murder and aggravated assault for killing his wife in March, 2007. On appeal, Appellant contends the trial court erred by not granting him a continuance after he…
Date: April 18, 2011
Docket Number: S11A0382
Justia Opinion Summary: A jury found Appellant Antonio Gresham guilty of malice murder and possession of a weapon during the commission of a crime, in connection with the shooting death of his wife. Appellant was sentenced to life for malice…
Date: April 18, 2011
Docket Number: S11A0390
Justia Opinion Summary: A jury found Appellant David Johnson guilty of malice murder, and sentenced him to life in prison. The victim was shot in the head twice, and Appellant was found to have confessed to the shooting while in jail. Appellant…
Date: April 18, 2011
Docket Number: S11A0414
Justia Opinion Summary: Appellant Michael Jones contends he was not afforded his constitutional right to effective assistance of counsel for his conviction of felony murder, possession of a firearm during the commission of a crime and…
Date: April 18, 2011
Docket Number: S11A0421
Justia Opinion Summary: A jury found Appellant Nkosi Gadson guilty in the shooting death of Amady Seydi. Appellant brings this appeal from the denial of his motion for a new trial, challenging the sufficiency of the evidence, the court's…
Date: April 18, 2011
Docket Number: S11A0425
Justia Opinion Summary: A jury found Appellant Matthew Colzie guilty of malice murder, attempted armed robbery and possession of a firearm during the commission of a felony. Appellant moved for a new trial because of alleged evidentiary errors…
Date: April 18, 2011
Docket Number: S11A0493
Justia Opinion Summary: A jury found Appellant Demarcus McClarin guilty in the shooting death of Mac Mayer. Appellant brings this appeal from the denial of his motion for a new trial, asserting he was denied effective assistance of trial…
Date: April 18, 2011
Docket Number: S11F0229
Justia Opinion Summary: Husband and Wife divorced in March, 2010; Wife filed a discretionary appeal with the Supreme Court seeking the inclusion of certain evidence and an award of attorneys fees. Wife maintains the trial court denied her the…
Date: March 25, 2011
Docket Number: S10A2078
Date: March 7, 2011
Docket Number: S10G0521
Date: March 7, 2011
Docket Number: S10G1471
Date: February 28, 2011
Docket Number: S10A1436
Date: February 28, 2011
Docket Number: S10A2072
Date: January 10, 2011
Docket Number: S10A1361
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