Supreme Court of Georgia Decisions 2012
Date: November 27, 2012
Docket Number: S12A0990
Justia Opinion Summary: Defendant Brandon Leonard appealed his convictions and sentences for malice murder and possession of a firearm during the commission of a felony, all in connection with the shooting deaths of Thomas Darr and Jim Cates.…
Date: November 27, 2012
Docket Number: S12G0517
Date: November 27, 2012
Docket Numbers: S12G0527, S12G0517, S12G0526
Justia Opinion Summary: After Mack Pitts was killed in a construction accident at Hartsfield-Jackson Atlanta International Airport, his estate and minor children sued the City of Atlanta and several contractors for breaches of contracts…
Date: November 19, 2012
Docket Number: S12A0700
Justia Opinion Summary: We, the Taxpayers, an unincorporated association of individual taxpayer residents of Effingham County ("Taxpayers"), appealed the trial court's order dismissing Taxpayers's complaint against the Board of Tax Assessors of…
Date: November 19, 2012
Docket Number: S12A0799
Justia Opinion Summary: Marcin Waldemar Sosniak appealed the trial court’s denial of his motion to dismiss his indictment due to an alleged constitutional speedy trial violation. Because the Supreme Court found that "Callaway v. Georgia" (567…
Date: November 19, 2012
Docket Number: S12A0871
Justia Opinion Summary: Eugene Hammond appealed the trial court's denial of his motion in arrest of judgment. In 2000, Hammond was convicted superior court on charges of the felony murder of his son, the aggravated assault of his wife, and of…
Date: November 19, 2012
Docket Number: S12A0976
Justia Opinion Summary: Appellant Kasaem Toomer challenged his 2009 convictions for malice murder and other crimes in connection with the death of Justin Cox. Appellant contended that the trial court erred in rejecting his "Batson" claim that…
Date: November 19, 2012
Docket Number: S12A1211
Justia Opinion Summary: Robert Allen Sears was tried by a jury and convicted of the murder of Isaiah Lovett, aggravated assault, and possession of a knife during the commission of a felony. Following the denial of his motion for new trial,…
Date: November 19, 2012
Docket Number: S12A1435
Justia Opinion Summary: Norma Fitzpatrick, Barry Fitzpatrick and George Elrod, (taxpayers), own parcels of land in Madison County. Following a valuation of those properties for tax purposes by the Madison County Board of Assessors, the…
Date: November 19, 2012
Docket Number: S12A1451
Justia Opinion Summary: Following the trial court's grant of summary judgment to the Georgia Insurers Insolvency Pool (GIIP), Lumpkin County appealed, contending that following the insolvency of the County's regular insurer, GIIP was required…
Date: November 19, 2012
Docket Number: S12A1526
Justia Opinion Summary: Robert Hamilton (husband) and Janell Hamilton (wife) were divorced in 2008, after approximately 23 years of marriage. At the time of their divorce, they had one minor child. The final divorce decree ordered husband to…
Date: November 19, 2012
Docket Number: S12A1637
Justia Opinion Summary: A jury convicted Albert Durham of malice murder and other crimes in connection with the shooting death of George McCrary. On appeal, Durham contended that the State elicited improper hearsay testimony, the trial court…
Date: November 19, 2012
Docket Number: S12A1639
Justia Opinion Summary: Pro se appellant Sandro Campos appealed the denial of his motion for an out-of-time appeal, following his entry of a plea of guilty to malice murder for the 2004 fatal shooting of Henry Jayaprakasham, and Campos's…
Date: November 19, 2012
Docket Number: S12A1776
Justia Opinion Summary: Appellant Mark Thornton was convicted of felony murder, aggravated assault with a deadly weapon, criminal attempt to commit armed robbery, burglary, possession of a firearm during the commission of a felony, and…
Date: November 19, 2012
Docket Number: S12A1793
Justia Opinion Summary: Following a jury trial, Nehemiah Davis appealed his convictions for malice murder and possession of a firearm during the commission of a crime, contending that his right to due process was violated when the State offered…
Date: November 19, 2012
Docket Number: S12A1889
Justia Opinion Summary: The State appealed the superior court's grant of a new trial to Xavier Harris, who was found guilty of felony murder and related crimes in connection with the August 1, 2005 fatal shooting of Ron Strozier and the…
Date: November 19, 2012
Docket Number: S12A1895
Justia Opinion Summary: Appellant Darchelle Renee Arnold was charged by indictment with two counts of malice murder, four counts of felony murder, three counts of armed robbery, and six counts of aggravated assault, in connection with the…
Date: November 19, 2012
Docket Number: S12F1507
Justia Opinion Summary: In early 2012, the trial court entered a final judgment in the divorce action filed by appellee Jeffrey Rymuza (Husband) against appellant Andreana Rymuza (Wife). Husband filed for divorce in Houston County. The…
Date: November 19, 2012
Docket Number: S12G0452
Justia Opinion Summary: The issue before the Supreme Court in this case was whether a superior court was able to exercise jurisdiction to award permanent custody of a child when a juvenile court previously found the child to be deprived and…
Date: November 19, 2012
Docket Number: S12G0729
Justia Opinion Summary: In March 2006, appellant Michael Everett was employed as an engineer for appellee Norfolk Southern Railway Company and was tasked with using his locomotive to push a six-car train into an auto plant in Georgia. One of…
Date: November 19, 2012
Docket Number: S12P0870
Justia Opinion Summary: A jury convicted Appellant Clayton Jerrod Ellington of murdering his wife Berna Ellington and their twin two-year-old sons, Cameron and Christian. The jury found two statutory aggravating circumstances related to each of…
Date: November 19, 2012
Docket Number: S12X0701
Date: November 19, 2012
Docket Numbers: S12Y1745, S12Y1746, S12Y1747
Date: November 5, 2012
Docket Number: S11G1708
Justia Opinion Summary: In 2002 and 2003, appellee American Home Services, Inc. (AHS), a siding, window, and gutter installation company, contracted with Sunbelt Communications, Inc. (Sunbelt), for Sunbelt to send a total of 318,000 unsolicited…
Date: November 5, 2012
Docket Number: S12A0662
Justia Opinion Summary: Appellant Tammy Poole was convicted in April 2007 for the malice murder of her husband Robert Michael Poole, possessing a firearm during the commission of a felony and while a convicted felon, simple battery/family…
Date: November 5, 2012
Docket Number: S12A0865
Justia Opinion Summary: Through interrogatories, a jury determined that David Keever, individually and in his capacity as administrator of the Estate of Henry Keever, failed to prove that he had adversely possessed certain land whose record…
Date: November 5, 2012
Docket Number: S12A0868
Justia Opinion Summary: More than five years after he was arrested, John Johnson still had not been brought to trial, so he moved to dismiss his indictment, arguing that he had been denied his constitutional right to a speedy trial. The trial…
Date: November 5, 2012
Docket Number: S12A0878
Justia Opinion Summary: Following a jury trial, Tamarkus Lekeith Wright was found guilty of malice murder, felony murder, armed robbery and burglary in connection with the robbing and shooting of Joseph Ray. On appeal Wright contended that his…
Date: November 5, 2012
Docket Number: S12A0930
Justia Opinion Summary: Michael Reginald McLean appealed his conviction for felony murder in connection with the shooting death of Perry Phillips. McLean contended multiple issues at trial constituted error for which he petitioned the Supreme…
Date: November 5, 2012
Docket Number: S12A1081
Justia Opinion Summary: Appellant Bruce Wayne Hargrove was convicted of malice murder in connection with the 1999 shooting death of Antonio Jamel Jordan and was sentenced to life imprisonment. His motion for new trial was denied, and he…
Date: November 5, 2012
Docket Number: S12A1138
Justia Opinion Summary: Thomas Antonio Brown was tried by a jury and convicted of the murder of Bon Joshwa Albright, as well as on four counts of aggravated assault and five counts of possession of a firearm during the commission of a crime.…
Date: November 5, 2012
Docket Number: S12A1190
Justia Opinion Summary: Following the denial of his motion to suppress, Michael Jason Registe filed an application for an interlocutory appeal. The issue on appeal before the Supreme Court was [w]hether the trial court erred by denying…
Date: November 5, 2012
Docket Number: S12A1552
Justia Opinion Summary: Following the denial of his motion for new trial, as amended, Christopher Brown appealed his convictions for malice murder and armed robbery in connection with the fatal shooting of Robert Lovelace. Brown challenged the…
Date: November 5, 2012
Docket Number: S12F1302
Justia Opinion Summary: John Allan Hendry and Sally Frances Hendry were married in 1998, and after three children were born during their marriage, they divorced. In its final judgment and decree of divorce, the trial court awarded primary…
Date: November 5, 2012
Docket Number: S12G0703
Justia Opinion Summary: The Supreme Court granted certiorari in this case to consider whether the Court of Appeals properly stated and applied the law governing accident and proximate cause in a "strict liability" offense. Appellee Shirley…
Date: November 5, 2012
Docket Number: S12G0714
Justia Opinion Summary: The Supreme Court granted certiorari in this appeal to consider whether OCGA section 34-9-207 required an employee who files a claim under the Georgia Workers' Compensation Act (OCGA 34-9-1 et seq.), to authorize her…
Date: October 29, 2012
Docket Number: S12A0674
Justia Opinion Summary: In May 1999, a jury found Derrick Brown guilty of kidnapping with bodily injury, aggravated assault upon a person 65 years or older, robbery by force, and burglary in connection with the beating and robbing of Margaret…
Date: October 29, 2012
Docket Number: S12A0876
Justia Opinion Summary: Billy D. Nicely was tried by a jury and convicted of the murder of Tayore Wright, a one-year-old girl. On appeal, Nicely contended that his father was denied equal protection when the father was excluded from portions of…
Date: October 29, 2012
Docket Number: S12A0947
Justia Opinion Summary: In 2004, Allen Ehlers signed a contract to sell certain property to Keith Sharp, the owner of Upper West Side, LLC. Allen had acquired the property in question pursuant to a 1995 deed of assent that identified the land…
Date: October 29, 2012
Docket Number: S12A0993
Justia Opinion Summary: Eloise Collins died in 2006. In July 2007, Lydia Swain, Collins’ goddaughter, filed a petition to probate two instruments alleged to be Collins’ will: an unwitnessed letter written in 1999 detailing how Collins wanted…
Date: October 29, 2012
Docket Number: S12A1143
Justia Opinion Summary: Defendant John Dennis Woods appealed his convictions for malice murder, aggravated assault, possession of a firearm during the commission of a felony, and concealing the death of another, all in connection with the death…
Date: October 29, 2012
Docket Number: S12A1149
Justia Opinion Summary: Appellant Haskell Johnson was jointly indicted with Derek Willingham and Franklin Frails for malice murder, felony murder, and possession of a firearm during the commission of a crime after the shooting death of Ritchard…
Date: October 29, 2012
Docket Number: S12A1433
Justia Opinion Summary: Appellant Richard Odom (husband) and appellee Sherri Odom (wife) were divorced in 2007. The decree, which incorporated the parties’ settlement agreement, awarded wife primary custody of the parties’ three minor children…
Date: October 29, 2012
Docket Number: S12A1469
Justia Opinion Summary: Paul Franklin Blevins was tried by a jury and convicted of the murder of Danny Jones, armed robbery, arson in the first degree, and several misdemeanor traffic offenses. Following the denial of his motion for new trial,…
Date: October 29, 2012
Docket Number: S12F0889
Justia Opinion Summary: Appellant Michael Todd Jarvis (“Husband”) and appellee Tracy Dorminy Jarvis(“Wife”) were married in March 1997. Husband filed for divorce in 2009. After a five-day bench trial in March 2011, the trial court granted the…
Date: October 29, 2012
Docket Number: S12G0033
Justia Opinion Summary: Appellant Carl Higdon was charged with a total of eight criminal offenses in three accusations filed in the Catoosa County Superior Court and one indictment returned in the Walker County Superior Court, each of which was…
Date: October 29, 2012
Docket Number: S12P1309
Justia Opinion Summary: A jury convicted Lawrence Rice of murdering Connie Mincher and her 14-year-old son, Ethan, and of burglary. The jury found multiple statutory aggravating circumstances related to each of the murders and recommended a…
Date: October 15, 2012
Docket Number: S11G1792
Justia Opinion Summary: The DeKalb County district attorney brought a declaratory judgment action against the county's magistrate judges seeking guidance regarding a dispute on the proper evidentiary standards for establishing probable cause at…
Date: October 15, 2012
Docket Number: S11G1821
Justia Opinion Summary: The Supreme Court granted a writ of certiorari to the Court of Appeals in this case to determine whether the definition of "tangible evidence," as that term is used in OCGA 17-5-21 (a) (5), includes evidence gained by…
Date: October 15, 2012
Docket Number: S11G1828
Justia Opinion Summary: The Supreme Court granted certiorari to decide whether the appellate court correctly construed the standing requirement for a motor vehicle dealership to sue under OCGA 10-1-664 (the anti-encroachment provision of the…
Date: October 15, 2012
Docket Numbers: S12A0649, S12X0650
Justia Opinion Summary: In case number S12A0649, Burke County, its Board of Commissioners, and various members of the Board, individually and in their official capacities appealed the superior court's grant of a writ of mandamus involving the…
Date: October 15, 2012
Docket Number: S12A0808
Justia Opinion Summary: Defendant Kelvin Simmons was convicted for the malice murder of Sheila Easley in February 2002. Following the trial court's denial of his motion for new trial, Defendant appealed. He contended the evidence was…
Date: October 15, 2012
Docket Numbers: S12A0849, S12X0850
Justia Opinion Summary: Jamie Inagawa, the Solicitor-General of Fayette County, filed a mandamus action against Fayette County and its Commissioners in their official capacities asserting that since July 1, 2007 his compensation had been…
Date: October 15, 2012
Docket Number: S12A0890
Justia Opinion Summary: The trial court held Randy Horn (Husband) in contempt for violating his divorce decree with Brandie Shepherd (Wife) and ordered him incarcerated until he purged himself of the contempt. Husband appealed, and the Supreme…
Date: October 15, 2012
Docket Number: S12A1001
Justia Opinion Summary: The Supreme Court granted Husband's application for discretionary appeal to consider whether the trial court erred in determining his child support obligation when he petitioned to modify it. Upon review, the Court…
Date: October 15, 2012
Docket Number: S12A1036
Justia Opinion Summary: Appellant Devon Sharif Doyle was convicted and sentenced for malice murder, several counts of aggravated assault, and possession of a firearm during the commission of a crime. He appealed asserting, inter alia, trial…
Date: October 15, 2012
Docket Number: S12A1130
Justia Opinion Summary: Defendant Daniel Sosa filed a petition for the writ of habeas corpus, contending that his attorney was ineffective for failing to advise him that his guilty plea would subject him to removal or deportation. The State…
Date: October 15, 2012
Docket Number: S12A1311
Justia Opinion Summary: Defendant Marquez Powell was tried by a Fulton County jury and convicted of the murder of Shah Walton, as well as possession of a firearm during the commission of a felony. Following the denial of his motion for new…
Date: October 15, 2012
Docket Number: S12A1387
Justia Opinion Summary: Appellant Justin Brown was convicted of felony murder, aggravated battery, kidnapping with bodily injury, aggravated assault, and burglary in connection with the shooting death of J.R. Morrow. Brown's motion for new…
Date: October 15, 2012
Docket Number: S12A1568
Justia Opinion Summary: The superior court denied the writ of mandamus in this case where a taxpayer requested that a school district to return "excess proceeds" collected pursuant to an educational sales and use tax approved by referendum. In…
Date: October 15, 2012
Docket Number: S12F0846
Justia Opinion Summary: The Supreme Court granted discretionary appeal of the parties' final judgment and divorce decree. After review, the Court affirmed most of the trial court's judgment. The Court found that the divorce decree included a…
Date: October 15, 2012
Docket Number: S12F1078
Justia Opinion Summary: Appellant Jill E. Eldridge (Wife) filed for divorce from appellee Joshua R. C. Eldridge (Husband) after more than seven years of marriage. Following a bench trial, the trial court issued a final judgment and decree of…
Date: October 15, 2012
Docket Number: S12P0710
Justia Opinion Summary: A jury convicted Winston Clay Barrett of malice murder and related crimes and recommended a death sentence for the murder after finding beyond a reasonable doubt the following statutory aggravating circumstances: the…
Date: October 15, 2012
Docket Numbers: S12Y1691, S12Y1693, S12Y1694
Date: October 1, 2012
Docket Number: S12A0708
Justia Opinion Summary: In 1993, a jury found Appellant Joseph Barnes guilty of malice murder, two counts of felony murder, and armed robbery and recommended a death sentence. The trial court sentenced Barnes to death for the murder and also…
Date: October 1, 2012
Docket Number: S12A0833
Justia Opinion Summary: Defendant Donavon Shane Leger appealed his convictions for malice murder and aggravated battery in connection with the death of his estranged wife, Tracy Leger. He contended that in three instances the State violated the…
Date: October 1, 2012
Docket Number: S12A0843
Justia Opinion Summary: Following a jury trial, Tinos Santana McBride was found guilty of malice murder and various other offenses in connection with the shooting death of Jessie Strickland. On appeal, McBride contended that the trial court…
Date: October 1, 2012
Docket Number: S12A0867
Justia Opinion Summary: SPI Club, Inc. operates two nightclubs in Atlanta, and in July 2010, the City issued an alcohol license for each club. Daniel Corporation contended that SPI Club failed to open either club for business within nine months…
Date: October 1, 2012
Docket Number: S12A0888
Justia Opinion Summary: Caveator Lisa Patterson-Fowlkes appealed a superior court's denial of her motion for judgment notwithstanding the verdict, or in the alternative, motion for a new trial, following the entry of a final judgment on a jury…
Date: October 1, 2012
Docket Number: S12A0906
Justia Opinion Summary: In 2000, appellant David Leverette entered guilty pleas to charges arising from the malice murder of his wife and was sentenced to life imprisonment plus several terms of years to be served concurrently with each other…
Date: October 1, 2012
Docket Number: S12A0979
Justia Opinion Summary: Following a jury trial, Defendant Dwight Simmons appealed his conviction for malice murder, felony murder, aggravated assault, theft by taking, possession of a firearm during commission of a crime, and possession of a…
Date: October 1, 2012
Docket Number: S12A1042
Justia Opinion Summary: Kurt A. Floyd, Sr. and Livia M. Floyd were divorced in 2008. The decree incorporated the settlement of the parties, in which Kurt and Livia agreed that Kurt would retain title to, and possession of, the marital…
Date: October 1, 2012
Docket Number: S12A1146
Justia Opinion Summary: Appellant Travis Wilcher was convicted of murder, armed robbery, and related crimes in connection with the 2007 shooting death of Tollie Mitchell. Appellant appealed the denial of his motion for new trial, asserting…
Date: October 1, 2012
Docket Number: S12A1177
Justia Opinion Summary: Appellant Devin Anthony Grell was convicted of the felony murder of Donny Edouard, with the aggravated assault of Edouard as the underlying felony. He was also convicted of burglary of the Edouard home, two counts of…
Date: October 1, 2012
Docket Number: S12A1225
Justia Opinion Summary: Johnny Johnson appealed his convictions for malice murder and possession of a firearm by a first offender probationer, both in connection with the death of Deandre Phillips. Finding no merit to the alleged errors Johnson…
Date: October 1, 2012
Docket Numbers: S12A1340, S12X1342
Justia Opinion Summary: Appellant Andrea Brown Jacobs and several family members holding ownership interest in certain undeveloped real property filed a partition action in January 2006 after another family member, Mary Young, refused to sign a…
Date: October 1, 2012
Docket Number: S12A1348
Justia Opinion Summary: A jury convicted Stacey O. Lanham of the stabbing death of Gerald Mutcherson in connection with a drug deal. At trial, Lanham admitted killing Mutcherson, but claimed it was in self defense. On appeal, Lanham contended…
Date: October 1, 2012
Docket Number: S12A1403
Justia Opinion Summary: Appellant Christopher Young was tried and convicted with his codefendant, Patrick Satterfield, for the 2008 felony murder and armed robbery of Richard Boynton, Sr., the burglary of the Boynton home, and possession of a…
Date: October 1, 2012
Docket Number: S12A1442
Justia Opinion Summary: Appellant Zyderrious Platt was convicted of malice murder, felony murder, feticide, aggravated assault, and possession of a firearm for the October 2009 shooting death of his pregnant wife Jelani Platt. Appellant…
Date: October 1, 2012
Docket Number: S12F0873
Justia Opinion Summary: Appellant Frederick C. Hastings (Husband) appealed a final divorce decree which awarded primary physical custody of his two children to Nichole Hastings (Wife). Husband is the biological father of both children, whereas…
Date: October 1, 2012
Docket Number: S12F1549
Justia Opinion Summary: Appellant James Newman (husband) and appellee Judy Newman (wife) were married in May 2007. Just before their wedding, they executed a 20-page type-written prenuptial agreement to which they added a handwritten provision…
Date: October 1, 2012
Docket Number: S12G0463
Justia Opinion Summary: The Supreme Court granted certiorari in this appeal to determine whether 9 USC 16 (a) (1) (B) of the Federal Arbitration Act (the "FAA"), which grants federal litigants the right to directly appeal a trial court's order…
Date: October 1, 2012
Docket Number: S12O1700
Justia Opinion Summary: Robert Clark filed a petition against Chief Justice Carol W. Hunstein, seeking a writ of mandamus to order Chief Justice Hunstein to rule on his application for a certificate of probable cause to appeal his habeas corpus…
Date: October 1, 2012
Docket Numbers: S12Y1407, S12Y1640, S12Y1641
Date: September 10, 2012
Docket Number: S11G1871
Justia Opinion Summary: The Supreme Court granted certiorari to the Court of Appeals in this professional negligence action to address: (1) the standard for harmless error where a trial court refuses to strike an unqualified juror; and, (2) the…
Date: September 10, 2012
Docket Number: S12A0658
Justia Opinion Summary: Appellant Mathew Wilkins was found guilty of malice murder, felony murder, aggravated assault, and aggravated battery in connection with the death of Marlisa Wells. On appeal, he challenged the sufficiency of the…
Date: September 10, 2012
Docket Number: S12A0665
Justia Opinion Summary: Erma David Baker (Husband) and Ivy Baker Schrimsher (Wife) were divorced in November 1998 by final judgment and decree. A settlement agreement incorporated into the final judgment and decree required Husband to refinance…
Date: September 10, 2012
Docket Number: S12A0672
Justia Opinion Summary: In this divorce case, the husband disputed the validity and enforceability of the parties' self-styled "Premarital Agreement." In 2000, appellant Joanne Fox ("Wife") and appellee Lyle M. Fox ("Husband") divorced after 25…
Date: September 10, 2012
Docket Number: S12A0686
Justia Opinion Summary: Derrick Cartwright was convicted of felony murder, aggravated assault, and possession of a firearm during the commission of a crime. The trial court denied Cartwright's motion for a new trial and he appealed, challenging…
Date: September 10, 2012
Docket Number: S12A0742
Justia Opinion Summary: Appellant Jamaal Williams was indicted along with Alex Marshall, Melvin Daniels, Bennie Durham, and Kyle Oree for numerous crimes related to the shooting death of Robert Daughtry, Jr. Marshall and Daniels pled guilty to…
Date: September 10, 2012
Docket Number: S12A0762
Justia Opinion Summary: Pro se Appellant Dexter Wendell Green appealed a trial court's order which granted the State's motion to dismiss appellant's motion for an out-of-time appeal. In 1990, appellant entered a guilty plea and was sentenced to…
Date: September 10, 2012
Docket Number: S12A0788
Justia Opinion Summary: Appellant Fredrick Terry was found guilty of and sentenced for the felony murder of James Hansell and for the possession of a firearm during the commission of a felony. On appeal, Appellant challenged the sufficiency of…
Date: September 10, 2012
Docket Number: S12A0847
Justia Opinion Summary: Appellant Horatio Zamora was convicted of malice murder and first-degree cruelty to children in connection with the death of 19-month-old Jonathan Castillo. Appellant contended that the evidence at his trial was…
Date: September 10, 2012
Docket Number: S12A0848
Justia Opinion Summary: The issue before the Supreme Court in this case was whether application of OCGA 32-3-11(c) pertaining to appellants' motion to set aside or vacate a declaration of taking violated their due process rights, and whether…
Date: September 10, 2012
Docket Number: S12A0875
Justia Opinion Summary: In December 2005, Appellant Jamerson Mangrum was found guilty of numerous crimes related to the death of 15-year-old Katie Hamlin in July 2002, including three counts of felony murder, two counts of aggravated child…
Date: September 10, 2012
Docket Number: S12A0877
Justia Opinion Summary: Following a jury trial, appellant Steven Wayne Abston was convicted of malice murder and possession of a knife during the commission of certain crimes in connection with the stabbing death of his father, Jeffrey Abston.…
Date: September 10, 2012
Docket Number: S12A0944
Justia Opinion Summary: In February 2003, appellant Leviticus Burns entered a negotiated guilty plea to a murder charge stemming from his indictment for the October 2001 shooting death of Reginald Berry. Appellant's other charges were placed on…
Date: September 10, 2012
Docket Number: S12A0977
Justia Opinion Summary: Husband and wife were divorced in 2009. They had two children. The decree awarded joint custody to the parties, with primary physical custody to wife. Thereafter, husband filed a contempt action, and also sought a…
Date: September 10, 2012
Docket Number: S12A1056
Justia Opinion Summary: In January 2011, Reliance Equities, LLC acquired title to an Atlanta property pursuant to an August 2009 tax sale and a subsequent foreclosure of all rights of redemption. Nancy Karlen claimed to have had an interest in…
Date: September 10, 2012
Docket Number: S12A1139
Justia Opinion Summary: Appellant Torrance Dunn was convicted of malice murder, possession of a firearm during the commission of a crime, and five counts of felony obstruction in connection with the shooting death of Ramon Smith. On appeal, he…
Date: September 10, 2012
Docket Number: S12A1140
Justia Opinion Summary: Following a jury trial, Reginald L. Lynch appealed his conviction for malice murder, felony murder, and two counts of possession of a firearm during the commission of a crime, contending that the evidence was…
Date: September 10, 2012
Docket Number: S12A1159
Justia Opinion Summary: Antonio Faniel appealed his convictions for felony murder while in the commission of aggravated assault and possession of a firearm during the commission of a crime in connection with the fatal shooting of Doreen Young.…
Date: September 10, 2012
Docket Number: S12A1174
Justia Opinion Summary: The issue before the Supreme Court was whether an employee who filed an injury claim against his employer under the State Workers' Compensation Act and receives compensation in exchange for a "no liability" settlement…
Date: September 10, 2012
Docket Number: S12A1182
Justia Opinion Summary: Appellant Brandon Green was convicted of murder in connection with the shooting death of Teressa Owens. On appeal, he contended he received ineffective assistance of counsel for failing to object to certain hearsay…
Date: September 10, 2012
Docket Number: S12A1223
Justia Opinion Summary: A jury convicted Donald Hugh Gamble, Jr., of the murder of Quamaine Rickman in Richmond County. Gamble contended on appeal that the evidence was insufficient and the trial court erred in its jury instructions. The…
Date: September 10, 2012
Docket Number: S12X0945
Justia Opinion Summary: A jury convicted William David Riley of murdering his three children and of first degree arson, and the jury imposed death sentences for the murders. The Supreme Court unanimously affirmed Riley's convictions and…
Date: September 10, 2012
Docket Number: S12X0973
Justia Opinion Summary: The State filed an in personam action pursuant to OCGA 16-14-6 (b) of the Georgia Racketeer Influenced and Corrupt Organizations Act against Hargurtag Singh and his company Rajan Singh, LLC (collectively, "Singh"),…
Date: July 13, 2012
Docket Number: S12A0916
Justia Opinion Summary: Petitioner Jose Alonso Martinez was not a citizen of the United States, but he became a permanent legal resident in 2008. In 2010, he entered a guilty plea to aggravated battery and received a probated sentence of seven…
Date: July 13, 2012
Docket Number: S12F0626
Justia Opinion Summary: This divorce action involved the termination of the parental rights of the husband, who was the child's legal father for 13 years. The husband was appealing the superior court's order severing his rights as legal father…
Date: July 9, 2012
Docket Number: S12A0568
Justia Opinion Summary: Defendant Michael Curry appealed his convictions for the malice murders of Ann Curry, Erika Curry, and Ryan Curry. Responding to a phone call from the neighbors in 1985, police found the bodies of Defendant's…
Date: July 9, 2012
Docket Number: S12Q0625
Justia Opinion Summary: In this premises liability action, the United States District Court for the Northern District of Georgia certified two questions to the state Supreme Court: (1) In a premises liability case in which the jury determines a…
Date: July 2, 2012
Docket Number: S11G1815
Justia Opinion Summary: The Court of Appeals held that the superior court improperly affirmed a damages award to Petitioner Valencia Scott on her workers' compensation claim because the ALJ erred in ruling Petitioner's deniability resulted from…
Date: July 2, 2012
Docket Number: S12A0182
Justia Opinion Summary: Appellant Leonard Small filed suit seeking ejectment and mesne profits after learning that Appellee Alphonso Irving had built a home on a lot located at 4110 Raybun Street in Savannah, which Small had purchased at a tax…
Date: July 2, 2012
Docket Number: S12A0200
Justia Opinion Summary: The Supreme Court granted discretionary appeal to Haralson County to review a superior court's grant of the writ of mandamus. In 2008, Taylor Junkyard of Bremen, Inc. sought to purchase a piece of property in a…
Date: July 2, 2012
Docket Number: S12A0405
Justia Opinion Summary: Following trial, a jury declared that a Will and Revocable Trust executed by Thomas Hines, Sr. in 2002 were invalid as they were the product of undue influence. Steve and Deborah Davidson, executors of the Hines estate,…
Date: July 2, 2012
Docket Number: S12A0634
Justia Opinion Summary: The Supreme Court granted Appellant Melvin Griffin's application for a certificate of probable cause to examine whether the habeas court erred in rejecting his claim of ineffective assistance of appellate counsel.…
Date: July 2, 2012
Docket Number: S12A0786
Justia Opinion Summary: After a jury trial, Appellant Reginald Pulley was found guilty of malice murder, theft by taking a motor vehicle, and felony theft by taking. The trial court entered judgments of conviction and sentenced Appellant to…
Date: July 2, 2012
Docket Number: S12A0904
Justia Opinion Summary: Defendant Julio Moreno-Rivera appealed his conviction for malice murder (among other crimes), contending that he received ineffective assistance of trial counsel. After a series of escalating arguments between Defendant…
Date: July 2, 2012
Docket Number: S12A0958
Justia Opinion Summary: Defendant Malcolm Holloman appealed his conviction for felony murder while in the commission of aggravated assault and the denial of his motion for new trial in connection with the fatal stabbing of Robert Calloway. He…
Date: July 2, 2012
Docket Number: S12A1074
Justia Opinion Summary: Following the denial of his motion for new trial as amended, Dana Gregory McFarlane appealed his convictions for malice murder, kidnapping with bodily injury, and possession of a knife during the commission of a felony…
Date: July 2, 2012
Docket Number: S12A1283
Justia Opinion Summary: Appellant was convicted of felony murder and armed robbery in connection with the shooting death of Sean Robinson. Appellant's motion for new trial was denied, and he appealed that decision. On appeal, Appellant…
Date: July 2, 2012
Docket Number: S12G0133
Justia Opinion Summary: The Supreme Court granted certiorari to the Court of Appeals in "Glass v. Gates" to answer whether the definition of "any motor vehicle" in OCGA 33-24-51(a) continued to be the broader definition of the term provided for…
Date: July 2, 2012
Docket Number: S12G0370
Justia Opinion Summary: A package containing 12.46 pounds of marijuana arrived at a post office in Hall County addressed to "Abby at 1830 Vineyard Way." The post office mistakenly notified Abby Massaro of 1930 Vineyard Way. Ms. Massaro…
Date: June 25, 2012
Docket Number: S12A0126
Justia Opinion Summary: Appellant Paul Mathis was convicted of malice murder and related offenses in connection with the 2006 shooting death of Jurell Williams. Appellant appealed the denial of his motion for new trial, asserting evidentiary…
Date: June 25, 2012
Docket Number: S12A0400
Justia Opinion Summary: Defendant Willie Henry Lewis appealed his convictions for the malice murders of Xavier Dinkins and Kejaun Webb, as well as a variety of other crimes that occurred over a four-day crime spree. On appeal, Defendant argued…
Date: June 25, 2012
Docket Number: S12A0524
Justia Opinion Summary: In 2008, a Jones County jury found Appellant Robert Danenberg guilty of malice murder arising out of the 1988 fatal shooting of Deborah Penland Lamb. He appealed, arguing that several rulings made by the trial court…
Date: June 25, 2012
Docket Number: S12A0590
Justia Opinion Summary: Appellant A.R. Mays, executor of the estate of decedent Gilbert Henry Kinchen, filed a petition to probate the decedent's will, and Appellee Katherine Rancine-Kinchen, the decedent’s widow, filed a caveat thereto.…
Date: June 25, 2012
Docket Number: S12A0615
Justia Opinion Summary: Following a May 1995 jury trial, Defendant Eric Kelley was convicted of two counts of felony murder (with the underlying felony of aggravated assault) in connection with the shooting deaths of two people at a pawn shop.…
Date: June 25, 2012
Docket Number: S12A0853
Justia Opinion Summary: After a jury trial, Appellant Sam Green was found guilty of the malice and felony murder of Candy Wright, a separate charge of aggravated assault against Ms. Wright, and the rape and aggravated assault of Leanna Ziel.…
Date: June 25, 2012
Docket Number: S12A0857
Justia Opinion Summary: A jury convicted Leonard Maurice Drane of committing murder and aggravated battery against Renee Blackmon and sentenced him to death. Initially on direct appeal, the Supreme Court affirmed on a number of issues and held…
Date: June 25, 2012
Docket Number: S12Q0631
Justia Opinion Summary: The United States Court of Appeals for the Eleventh Circuit certified two questions to the Georgia Supreme Court: "(1) Did the Georgia Insurance Commissioner act within his legal authority when he promulgated Ga. Comp.…
Date: June 18, 2012
Docket Number: S11G0557
Justia Opinion Summary: After a jury returned a verdict for Dr. Mary Johnson on her legal malpractice claim against Steven K. Leibel, Leibel filed a motion for JNOV and a motion for a new trial. The trial court denied the motion for JNOV but…
Date: June 18, 2012
Docket Number: S11G0590
Justia Opinion Summary: Appellant, a young child with severe cerebral palsy, was excluded from most of the liability phase of the trial of her and her parents' lawsuit alleging that her condition was caused by appellees' medical malpractice. At…
Date: June 18, 2012
Docket Number: S11G0682
Justia Opinion Summary: Defendant was convicted of two counts of cruelty to children in the first degree, aggravated child molestation, and child molestation. At issue was whether the court of appeals improperly limited the court's holding in…
Date: June 18, 2012
Docket Numbers: S11G1263, S11G1277
Justia Opinion Summary: In The Landings Association, Inc. v. Williams, et al., the court of appeals held that the trial court properly denied in part motions for summary judgment brought by The Landings Association, Inc. and The Landings Club,…
Date: June 18, 2012
Docket Numbers: S11G1681, S11G1683
Justia Opinion Summary: Plaintiff sustained a serious brain injury when he fell while climbing down from the roof of a residence while working for EWES. At the time of the accident, EWES held a commercial liability insurance policy issued by…
Date: June 18, 2012
Docket Number: S11G1820
Justia Opinion Summary: The court granted certiorari to the court of appeals to consider whether that court erred in holding that defendant should have been allowed to present evidence in support of his justification defense about a previous…
Date: June 18, 2012
Docket Number: S12A0024
Justia Opinion Summary: Defendant appealed his conviction for the felony murder and aggravated assault of the victim, contending that the trial court made a number of evidentiary errors. The court held that the trial court did not err by…
Date: June 18, 2012
Docket Number: S12A0137
Justia Opinion Summary: Defendant was found guilty of kidnapping with bodily injury to a female victim, rape of the female victim, kidnapping a male victim, and armed robbery. Defendant filed a motion for a new trial on general grounds in…
Date: June 18, 2012
Docket Number: S12A0154
Justia Opinion Summary: Defendant was convicted of malice murder, burglary, and other related offenses in 1998 and was sentenced to death. The habeas court subsequently granted defendant habeas relief, vacating all of his convictions on several…
Date: June 18, 2012
Docket Number: S12A0328
Justia Opinion Summary: After being indicted for certain theft crimes, defendant filed a pre-trial petition for writ of habeas corpus. At issue on appeal was whether the holding in Hicks v. Scott, preventing a pro se prisoner in a…
Date: June 18, 2012
Docket Number: S12A0489
Justia Opinion Summary: Following the grant of a petition for habeas corpus relief brought by defendant, the warden appealed, contending that the trial court erred in its finding that cause and prejudice had been shown to raise the procedural…
Date: June 18, 2012
Docket Number: S12A0492
Justia Opinion Summary: After appellant, the elected mayor of the City of Springfield, refused to resign after an ethics investigation, appellees petitioned the superior court for his removal pursuant to Section 45 of the city's charter.…
Date: June 18, 2012
Docket Number: S12A0559
Justia Opinion Summary: Wife appealed from the trial court's finding that husband's alimony obligation was for permanent periodic alimony. The court held that the trial court erred as a matter of law in concluding that husband's alimony…
Date: June 18, 2012
Docket Numbers: S12A0537, S12A0607
Justia Opinion Summary: These cases arose from a declaratory judgment action filed by a trustee seeking to determine the effect of an in terrorem clause in an express trust. At issue was whether appeals that involved the proper interpretation…
Date: June 18, 2012
Docket Number: S12A0684
Justia Opinion Summary: Defendant and his co-indictee were separately tried for the malice and felony murder of the victim and for other offenses. Defendant subsequently appealed the denial of his amended motion for a new trial after he was…
Date: June 18, 2012
Docket Number: S12A0885
Justia Opinion Summary: Defendant was convicted of malice murder and possession of a firearm during the commission of a felony in connection with a shooting death of the victim. Defendant appealed, asserting, inter alia, that the trial court…
Date: June 18, 2012
Docket Number: S12F0797
Justia Opinion Summary: The court granted wife's application for discretionary appeal from the final judgment and decree of divorce. At issue was the equitable division of a closely-held non-profit corporation. The court concluded that the…
Date: June 18, 2012
Docket Number: S12Q0941
Justia Opinion Summary: MCI sued CMES on theories of negligence and trespass, and sought damages consisting of the costs to repair a severed cable, compensation for the loss of use of the cable during the time it took to repair it, and punitive…
Date: May 29, 2012
Docket Number: S11G1145
Justia Opinion Summary: Appellee, as executrix of the estate of her father, and her sister, brought a breach of contract action in which they asserted that their father's second wife, appellant, contractually waived her right to retain the…
Date: May 29, 2012
Docket Number: S11G1170
Justia Opinion Summary: Circle Y filed a complaint alleging, among other things, breach of contract when the school district terminated a construction management services contract with Circle Y. The trial court denied the school district's…
Date: May 29, 2012
Docket Number: S11G1814
Justia Opinion Summary: This case arose out of a contractual dispute between the city and its contractor and sub-contractor concerning the design and construction of an underground parking garage. At issue was whether the city's petition for a…
Date: May 29, 2012
Docket Number: S12A0014
Justia Opinion Summary: Defendant pled guilty to felony murder in connection with the arson that caused his stepfather's death. Defendant subsequently filed a motion to withdraw his guilty plea, which the trial court denied. The court found…
Date: May 29, 2012
Docket Number: S12A0155
Justia Opinion Summary: Defendant appealed his convictions for murder and for possession of a firearm during the commission of a crime. The court held that the trial court did not err when it denied defendant's motion for a new trial where the…
Date: May 29, 2012
Docket Numbers: S12A0215, S12A0217, S12A0218
Justia Opinion Summary: Appellants, owners of a tract of real property in Dawson County, filed a nine-count complaint against appellees challenging a rezoning decision in superior court. The superior court granted summary judgment to appellees…
Date: May 29, 2012
Docket Number: S12A0315
Justia Opinion Summary: Appellant appealed from the probate court's ruling that OCGA 15-9-120(2) was not a special law in violation of Article III, Section VI, Paragraph IV(a) of the 1983 Georgia Constitution. The court held that OCGA…
Date: May 29, 2012
Docket Number: S12A0495
Justia Opinion Summary: Defendant appealed his convictions for two counts of malice murder in connection with the fatal shootings of two victims, one count of kidnapping with bodily injury as the result of the abduction and rape of a third…
Date: May 29, 2012
Docket Number: S12A0640
Justia Opinion Summary: Defendant was found guilty of felony murder and cruelty to children. The trial court entered judgment of conviction for the felony murder and sentenced defendant to life imprisonment. The cruelty to children charge…
Date: May 29, 2012
Docket Number: S12A0671
Justia Opinion Summary: Defendant appealed his convictions for malice murder, conspiracy to commit armed robbery, and possession of a firearm during the commission of a crime in connection with the fatal shooting of two victims. Defendant…
Date: May 29, 2012
Docket Number: S12A0677
Justia Opinion Summary: Defendant was convicted of malice murder in connection with the deaths of two victims. Defendant's amended motion for new trial was denied and defendant subsequently appealed. The court held that the evidence was…
Date: May 29, 2012
Docket Number: S12A0682
Justia Opinion Summary: Defendant appealed the denial of his motion for a new trial after he was found guilty of malice murder. Defendant contended that the trial court erroneously failed to conduct a hearing on his notice of intent to…
Date: May 29, 2012
Docket Number: S12A0764
Justia Opinion Summary: Defendant was convicted of felony murder, aggravated assault, and possession of a firearm during the commission of a crime in connection with a shooting death. On appeal, defendant contended that the trial court erred by…
Date: May 29, 2012
Docket Number: S12A0851
Justia Opinion Summary: Appellant filed a pro se complaint for a preliminary injunction and other relief, seeking, among other things the return of the records that the Rossville Police had seized during a search, claiming that he needed the…
Date: May 29, 2012
Docket Number: S12A0869
Justia Opinion Summary: Appellant appealed from an order denying a filing of a petition for writ of mandamus. Appellant sought to file a petition for mandamus to compel judges of the court to dismiss his citation for speeding, to recuse one of…
Date: May 29, 2012
Docket Number: S12A0948
Justia Opinion Summary: Defendant appealed the denial of his motion for a new trial after he was found guilty of, among other things, felony murder. The court held that defendant's objection that the State did not move for correction of the…
Date: May 29, 2012
Docket Number: S12F0539
Justia Opinion Summary: Husband and wife were divorced pursuant to a final judgment and decree entered after wife failed to appear for a scheduled final hearing to determine child custody. After the trial court denied wife's motions to set…
Date: May 29, 2012
Docket Number: S12Q0209
Justia Opinion Summary: The United States Court of appeals asked the court to answer a question that stemmed from a dispute over the proper interpretation under Georgia law of a contract insuring real property. The primary issue presented was…
Date: May 29, 2012
Docket Numbers: S12Y1117, S12Y1118, S12Y1119
Date: May 7, 2012
Docket Number: S11G1054
Justia Opinion Summary: Defendant was convicted of driving under the influence. At issue was whether the Court of Appeals erred in upholding the trial court's denial of defendant's motion to suppress and his request for a subpoena. Because the…
Date: May 7, 2012
Docket Number: S11G1772
Justia Opinion Summary: Attorneys Jordan and Moses formed a two-member partnership in 2003 for an indefinite term and in 2006, Jordan communicated to Moses that he was contemplating ending the relationship, and later that month, stated that he…
Date: May 7, 2012
Docket Number: S11G1808
Justia Opinion Summary: Defendant was arrested and charged with driving under the influence after being stopped for a traffic violation. The court granted a writ of certiorari to determine when the results of a state-administered Intoxilyzer…
Date: May 7, 2012
Docket Numbers: S11G1880, S11G1881
Justia Opinion Summary: Defendant Disharoon and his girlfriend, Defendant McIntyre, were convicted on several charges involving sex with a minor. At issue was whether the Court of Appeals erred in holding that no violation of the Confrontation…
Date: May 7, 2012
Docket Numbers: S11Y1961, S11Y1962, S11Y1963, S11Y1964, S11Y1965, S11Y1966, S11Y1967, S11Y1968
Date: May 7, 2012
Docket Number: S12A0032
Justia Opinion Summary: Defendant appealed his conviction of felony murder. The court held that the trial court's denial of defendant's motion to suppress his custody statements to the authorities was not erroneous where his questions regarding…
Date: May 7, 2012
Docket Number: S12A0047
Justia Opinion Summary: Defendant appealed his conviction of malice murder in connection with the beating death of the victim. Because the evidence was sufficient to support the murder conviction and the trial court did not abuse its discretion…
Date: May 7, 2012
Docket Number: S12A0075
Justia Opinion Summary: The court granted the application for discretionary appeal of husband from the trial court's order on a petition for contempt in a divorce case. The court held that there was no abuse of discretion in the trial court's…
Date: May 7, 2012
Docket Number: S12A0081
Justia Opinion Summary: Defendant appealed from his conviction of malice murder. The court held that the district court did not err in overruling defense counsel's objection to certain testimony based on improper bolstering where the testimony…
Date: May 7, 2012
Docket Number: S12A0140
Justia Opinion Summary: Henry Cook appealed the trial court's ruling that he was not a resident of Randolph County and therefore not an elector qualified to vote in that county. The court granted Cook's application for discretionary appeal and…
Date: May 7, 2012
Docket Number: S12A0222
Justia Opinion Summary: Husband filed a motion for contempt against his former wife, for closing a business checking account in violation of the parties' 2008 divorce decree. The trial court found wife in criminal and civil contempt for…
Date: May 7, 2012
Docket Numbers: S12A0519, S12A0520
Justia Opinion Summary: This case arose from a trust dispute where appellants subsequently filed a petition for writ of mandamus to compel Judge Stephens to allow them to appeal from an order dismissing their appeal. The court held that…
Date: May 7, 2012
Docket Number: S12A0638
Justia Opinion Summary: Defendant was found guilty of malice murder and possession of a firearm during the commission of a felony. Defendant appealed after the denial of a motion for a new trial. The court held that the evidence was sufficient…
Date: May 7, 2012
Docket Number: S12A0698
Justia Opinion Summary: Defendant was convicted of and sentenced for felony murder predicated on the underlying felony of possession of a firearm by a convicted felon, and possession of a firearm during the commission of a felony in connection…
Date: April 24, 2012
Docket Number: S11G0907
Justia Opinion Summary: The court granted a writ of certiorari to the Court of Appeals and addressed the issue of whether a party must make a prayer for prejudgment interest under OCGA 7-4-15 and, if so, whether it could be made without leave…
Date: April 24, 2012
Docket Number: S11G1082
Justia Opinion Summary: Defendant was indicted for aggravated sodomy, aggravated child molestation, child molestation, and felony sexual battery. At issue was whether a criminal suspect who was told by police officers that he would be able to…
Date: April 24, 2012
Docket Number: S12A0009
Justia Opinion Summary: Defendant appealed his conviction for felony murder, aggravated assault, and possession of a firearm during the commission of a felony, contending, among other things, that the trial court incorrectly charged the jury…
Date: April 24, 2012
Docket Number: S12A0156
Justia Opinion Summary: Wife and husband were married in 1998 and wife filed a complaint for divorce in 2008. The parties resolved all issues by agreement except the disposition of certain real property which was purchased by wife prior to the…
Date: April 24, 2012
Docket Number: S12A0180
Justia Opinion Summary: Defendant appealed his conviction for malice murder, felony murder, aggravated assault, and tampering with evidence. Defendant contended that the evidence was insufficient to support the verdict and the trial court erred…
Date: April 24, 2012
Docket Number: S12A0193
Justia Opinion Summary: Defendant appealed his convictions for malice murder and possession of a firearm during the commission of a felony in connection with the fatal shooting of the victim. Defendant challenged his conviction on multiple…
Date: April 24, 2012
Docket Number: S12A0276
Justia Opinion Summary: In 2008, mother filed a petition for modification of custody and child support. After denying father's motion to dismiss for lack of venue, the trial court granted temporary physical custody of the child to mother in…
Date: April 24, 2012
Docket Number: S12A0277
Justia Opinion Summary: The court granted wife's application for interlocutory appeal to determine whether the trial court erred by denying her motion to dismiss for lack of personal jurisdiction. Finding that the wife did not have sufficient…
Date: April 24, 2012
Docket Number: S12A0280
Justia Opinion Summary: Defendant was convicted of felony murder and acquitted of malice murder in connection with the shooting death of the victim. On appeal, defendant contended that the evidence at trial was insufficient to support the…
Date: April 24, 2012
Docket Number: S12A0322
Justia Opinion Summary: Defendant was convicted of the malice murder and aggravated assault of his wife and sentenced to life in prison. Defendant appealed the denial of his motion for a new trial, asserting that the trial court erred by…
Date: April 24, 2012
Docket Number: S12A0327
Justia Opinion Summary: Defendant appealed his conviction for felony murder, aggravated assault, and possession of a knife during the commission of a crime. The court rejected defendant's claims that trial counsel rendered ineffective…
Date: April 24, 2012
Docket Number: S12A0367
Justia Opinion Summary: Wife and husband were married in 1997 and wife filed a petition for divorce in 2010. At issue was whether the marital residence was subject to equitable division. The trial court found that the marital residence was…
Date: April 24, 2012
Docket Number: S12A0433
Justia Opinion Summary: Defendant was convicted of two counts of murder and related crimes in connection with the shooting deaths of two victims. Defendant appealed the denial of his motion for a new trial, alleging reversible error in certain…
Date: April 24, 2012
Docket Number: S12A0440
Justia Opinion Summary: Defendant appealed his conviction for felony murder with the underlying felony being aggravated assault and possession of a knife during the commission of a felony. Since it was not necessary in this case to instruct the…
Date: April 24, 2012
Docket Number: S12A0443
Justia Opinion Summary: Defendant was indicted for the malice murder of the victim, an alternative count of felony murder during the commission of aggravated assault, and the aggravated assault and battery of the victim's sister. After a jury…
Date: April 24, 2012
Docket Number: S12A0594
Justia Opinion Summary: Defendant pled guilty to all crimes charged related to the attempted armed robbery and murder of the victim in the victim's restaurant. The court held that the trial court did not violate defendant's due process rights…
Date: April 24, 2012
Docket Number: S12A0623
Justia Opinion Summary: Defendant appealed his conviction for malice murder, aggravated assault, and possession of a firearm during the commission of a crime, contending that a co-defendant's statement was introduced into evidence in violation…
Date: April 24, 2012
Docket Number: S12A0784
Justia Opinion Summary: Defendant was convicted of felony murder and other related offenses in connection with the shooting death of the victim. On appeal, defendant claimed that the trial court erred in denying his Batson challenge to the…
Date: March 23, 2012
Docket Number: S11A1375
Justia Opinion Summary: Pin Ups, an adult entertainment business, brought this appeal from an order of the trial court denying its petition for an interlocutory injunction against the Board's "Hours of sale and operation" ordinances. As Pin Ups…
Date: March 23, 2012
Docket Number: S11A1451
Justia Opinion Summary: Micah L. Haffner filed this action to quiet title to a parcel of land in Haralson County that he claimed to have purchased from his mother's estate. The trial court granted summary judgment to James and Regina Davis and…
Date: March 23, 2012
Docket Number: S11A1503
Justia Opinion Summary: Defendant appealed his conviction for malice murder in connection with the death of a 63-year-old victim. Although the court concluded that the evidence was sufficient to support defendant's conviction, the trial court…
Date: March 23, 2012
Docket Number: S11A1776
Justia Opinion Summary: Defendant appealed his conviction of felony murder predicated on a drug transaction and attempted violation of the state's controlled substances act. The court held that the trial court was authorized to instruct the…
Date: March 23, 2012
Docket Number: S11A1838
Justia Opinion Summary: Defendant, a 73-year-old, appealed his conviction of malice murder, felony murder, and aggravated assault in connection with the death of his elderly and wheelchair-bound ex-girlfriend. The court held that the evidence…
Date: March 23, 2012
Docket Number: S11A1903
Justia Opinion Summary: Defendant was found guilty, among other things, of malice murder and attempting to elude a police officer in connection with a shooting death during a failed drug deal and a subsequent high-speed chase involving five…
Date: March 23, 2012
Docket Number: S11F1976
Justia Opinion Summary: Wife contended that the trial court erred in upholding in a final decree of divorce the jury's allegedly erroneous finding than an IRA in husband's name was husband's separate property that was not subject to equitable…
Date: March 23, 2012
Docket Number: S11G0638
Justia Opinion Summary: Lisa Krebs sued Carmen McReynolds and GM for serious injuries she received when McReynold's car struck the GM vehicle in which Krebs was a passenger. McReynolds subsequently appealed the trial court's rulings. The court…
Date: March 23, 2012
Docket Number: S11G0644
Justia Opinion Summary: This case arose from the arrest of defendant for various crimes, including an attempted violation of the state's controlled substances act following an exchange of telephone messages between defendant and law enforcement…
Date: March 23, 2012
Docket Numbers: S11A1875, S11X1876
Justia Opinion Summary: Lewis Dempsey admitted to shooting Dillard Jewell Crane but claimed self-defense. In Case No. S11A1875, the State appealed the trial court's order granting Dempsey's motion to quash indictment number 10-CR-003-DB (second…
Date: March 19, 2012
Docket Number: S11A1386
Justia Opinion Summary: Defendant was convicted and sentenced for the 1993 felony murder of the victim. On appeal, defendant contended that the trial court improperly curtailed the jury's consideration of a voluntary manslaughter conviction as…
Date: March 19, 2012
Docket Number: S11A1397
Justia Opinion Summary: Defendant was found guilty of malice murder for killing his roommate and theft by taking his car. Defendant appealed. The court held that the evidence was sufficient to enable a rational trier of fact to find defendant…
Date: March 19, 2012
Docket Number: S11A1411
Justia Opinion Summary: This appeal returned to the court following its grant in 2010 of defendant's pro se application for a certificate of probable cause and its remand of the case to the habeas court with direction "to analyze and make…
Date: March 19, 2012
Docket Number: S11A1449
Justia Opinion Summary: Defendant challenged the trial court's denial of her motion for discharge and acquittal under the speedy trial statute for capital cases, OCGA 17-7-171. At issue was whether, following defendant's demand for a speedy…
Date: March 19, 2012
Docket Number: S11A1515
Justia Opinion Summary: Local residents filed a complaint with the governor against appellants, who were elected members of the WCBE, alleging that they had violated OCGA 45-10-3. Appellants subsequently appealed the order of the superior court…
Date: March 19, 2012
Docket Number: S11A1529
Justia Opinion Summary: Defendant was convicted of malice murder, kidnapping, and other charges arising out of the shooting death of the victim. After the trial court granted defendant's motion for a new trial, he filed a plea in bar contending…
Date: March 19, 2012
Docket Number: S11A1609
Justia Opinion Summary: The court granted defendant a certificate of probable cause to appeal an order of the Superior Court denying his application for a writ of habeas corpus in order to consider whether the habeas court erred in concluding…
Date: March 19, 2012
Docket Number: S11A1912
Justia Opinion Summary: In 2007, Sea Gardens petitioned under OCGA 23-3-60 to quiet title to waterfront property in McIntosh County. Appellants appealed from the trial court's entry of a consent judgment purporting to resolve their ongoing…
Date: March 19, 2012
Docket Number: S11A1956
Justia Opinion Summary: This is an interim appellate review of a case in which the State sought the death penalty. Defendant had been indicted for malice murder and false imprisonment. The court granted defendant's application for interim…
Date: March 19, 2012
Docket Number: S11A1973
Justia Opinion Summary: Defendant appealed his 1996 convictions for malice murder and other crimes in connection with the bludgeoning death of the victim. The court held that the trial court did not plainly err in considering the jury's request…
Date: March 19, 2012
Docket Number: S11F1840
Justia Opinion Summary: In divorce proceedings, wife added husband's company, SJV, as a party to the proceedings. SJV filed an application to appeal, which the court granted pursuant to the now-expired Pilot Project, by which the court granted…
Date: March 19, 2012
Docket Number: S11F1955
Justia Opinion Summary: Wife and husband divorced and in the final order, the trial court awarded primary custody of the parties' children to husband and ordered wife to pay child support. The court granted wife's application to appeal pursuant…
Date: March 19, 2012
Docket Numbers: S11G1728, S11G1729
Justia Opinion Summary: BB&T brought suit against Borrowers and Guarantors for more than $19 million then due under certain promissory notes at issue. The promissory notes were executed as a result of BB&T's issuance of 16 loans for residential…
Date: March 19, 2012
Docket Number: S11G1729
Date: March 19, 2012
Docket Number: S12A0114
Justia Opinion Summary: EGL purchased 427 acres of land in Newton County, Georgia, for the purpose of constructing a landfill and the Board declined to issue a letter of zoning compliance based on its interpretation that a landfill was not a…
Date: March 19, 2012
Docket Number: S12A0304
Justia Opinion Summary: Stiles Apartment filed suit asserting ownership over a parking area and sought interlocutory and permanent injunctive relief to prohibit ACC from exercising any control over the parking area. ACC counterclaimed for…
Date: March 19, 2012
Docket Number: S12A0459
Justia Opinion Summary: Defendant was convicted for the malice murder of the victim and other related crimes and was sentenced to life in prison. The trial court denied his motion for a new trial and he appealed. The court held that defense…
Date: March 5, 2012
Docket Number: S11A1371
Justia Opinion Summary: This case involved an underlying action for quiet title and came to the court from the trial court's grant of appellee BB&T's motion for summary judgment. The court could not sustain appellants' allegation that the trial…
Date: March 5, 2012
Docket Number: S11A1416
Justia Opinion Summary: Defendant was convicted of malice murder, felony murder predicated on aggravated sodomy, felony murder predicated on aggravated assault, and aggravated sodomy, all with regard to the murder of the victim. Defendant…
Date: March 5, 2012
Docket Number: S11A1686
Justia Opinion Summary: Defendant challenged his convictions of numerous crimes, including malice murder, armed robbery, and aggravated assault, committed at two different convenience stores in Athens, Georgia, on the same night. The court held…
Date: March 5, 2012
Docket Number: S11A1740
Justia Opinion Summary: This appeal involved three adjacent properties in rural Lee County owned by the Goodsons, the Ellers, and the Fords. All three properties descended from a common owner who recorded, but later withdrew, a subdivision plat…
Date: March 5, 2012
Docket Number: S11G0335
Justia Opinion Summary: Defendant was convicted for "Falsely Uttering a State Lottery Ticket" where defendant was accused of taking approximately 65 scratch-off tickets. Defendant stole the lottery tickets by leaning over a store counter and…
Date: March 5, 2012
Docket Number: S12A0040
Justia Opinion Summary: Defendant was convicted of the aggravated assault of the victim and the kidnapping of her six-year-old and 18-month-old daughters. Defendant appealed. The court concluded that the evidence was sufficient to enable a…
Date: February 27, 2012
Docket Number: S11A1468
Justia Opinion Summary: This appeal involved a title to a house and lot in a residential subdivision in Forsyth County. The trial court granted plaintiffs' motion for summary judgment and defendants appealed. The court held that the trial court…
Date: February 27, 2012
Docket Number: S11A1532
Justia Opinion Summary: Wife appealed the trial court's order setting aside its final order based solely on the mistake of Husband's attorney pursuant to OCGA 9-11-60(d)(2). As an initial matter, the court held that this case did present a…
Date: February 27, 2012
Docket Number: S11A1614
Justia Opinion Summary: Defendant challenged his convictions for malice murder and other crimes in connection with the shooting death of the victim. On appeal, defendant contended that trial counsel was deficient in failing to seek suppression…
Date: February 27, 2012
Docket Number: S11A1645
Justia Opinion Summary: Johnnie Owens, acting City Clerk, and Darryl Williams, the acting Chief of Police, sued the City and the Mayor, in both is official and individual capacities, for wrongful termination and concomitant damages. The trial…
Date: February 27, 2012
Docket Number: S11A1705
Justia Opinion Summary: Appellant appealed from the trial court's order granting partial summary judgment in favor of appellee on its claim for ejectment. Appellant contended that the trial court erred by granting summary judgment because the…
Date: February 27, 2012
Docket Number: S11A1755
Justia Opinion Summary: Defendant was convicted of shooting and killing one victim, shooting and wounding the victim's girlfriend, and then driving away in the car that the victim was driving. On appeal, defendant alleged that his trial counsel…
Date: February 27, 2012
Docket Number: S11A1829
Justia Opinion Summary: Defendant challenged his convictions for malice murder and other offenses stemming from the shooting death of the victim. The court held that the record supported the trial court's ruling that the State did not act in…
Date: February 27, 2012
Docket Number: S11A1850
Justia Opinion Summary: Defendant was convicted of felony murder, armed robbery, and possession of a firearm during the commission of a crime in connection with a shooting death. On appeal, defendant contended that his trial counsel provided…
Date: February 27, 2012
Docket Number: S11A1883
Justia Opinion Summary: Defendant was convicted of felony murder and subsequently appealed the denial of his motion for a new trial. Defendant contended that his trial counsel rendered constitutionally ineffective assistance when (a) counsel…
Date: February 27, 2012
Docket Number: S11A1909
Justia Opinion Summary: Defendant was convicted for murdering his wife and two-year-old son "execution style" by gunshots to the back of the head. Defendant's wife, after waking up from a seven-week coma, left for Vietnam, her family's native…
Date: February 27, 2012
Docket Number: S11A1910
Justia Opinion Summary: Defendant was convicted of felony murder, with conspiracy to commit robbery as the underlying felony. On appeal, defendant contended, among other things, that the trial judge violated OCGA 17-8-57 when the trial judge…
Date: February 27, 2012
Docket Number: S11A1929
Justia Opinion Summary: Defendant appealed his conviction for malice murder, as well as aggravated assault, armed robbery, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon. The court…
Date: February 27, 2012
Docket Number: S11A1958
Justia Opinion Summary: The warden appealed from the grant of defendant's application for writ of habeas corpus. The habeas court granted the writ after finding that defendant's appellate counsel rendered ineffective assistance. The court held…
Date: February 27, 2012
Docket Number: S11A1979
Justia Opinion Summary: Defendant was convicted of malice murder of one victim, the aggravated assaults and false imprisonments of two other victims, possession of a knife during the commission of a crime, and concealing a death. Defendant…
Date: February 27, 2012
Docket Number: S11F1506
Justia Opinion Summary: Wife appealed the Final Order in her divorce action against Husband on the grounds that the trial court improperly calculated Husband's self-employment income and refused to consider the minor child's cheerleading…
Date: February 27, 2012
Docket Number: S11F1975
Justia Opinion Summary: In an action for divorce and child support, the court granted this application for discretionary appeal under Supreme Court Rule 34(4). The court held that the final support order issued by the trial court included a…
Date: February 27, 2012
Docket Number: S11G1069
Justia Opinion Summary: The court granted certiorari to the Court of Appeals to consider whether that court erred in determining that the doctrine of res judicata barred plaintiff's "complaint for breach of contract" in this litigation…
Date: February 27, 2012
Docket Number: S11G1201
Justia Opinion Summary: GSASC filed a complaint against appellants for declaratory judgment and injunctive relief. GSASC requested a declaration that a 2009 annual survey issued by DCH to single-specialty, physician-owned ASCs sought…
Date: February 27, 2012
Docket Number: S12A0012
Justia Opinion Summary: Defendant appealed his conviction and sentence for felony murder while in the commission of arson in connection with the death of the victim. On appeal, defendant claimed that he was denied effective assistance of…
Date: February 27, 2012
Docket Number: S12A0087
Justia Opinion Summary: Defendant entered a non-negotiated plea to three counts of aggravated assault, two counts of arson, two counts of aggravated stalking, and one count each of burglary, criminal damage to property, disorderly conduct,…
Date: February 27, 2012
Docket Number: S12A0255
Justia Opinion Summary: Defendant was convicted of felony murder, armed robbery, and other related offenses in connection with the vehicular death of one victim and the armed robbery of three other victims. On appeal, defendant claimed, inter…
Date: February 6, 2012
Docket Number: S11A1306
Justia Opinion Summary: Defendant pled guilty to trafficking in cocaine, possession of marijuana with intent to distribute, and tampering with evidence. The habeas court subsequently denied relief. With respect to all of defendant's claims…
Date: February 6, 2012
Docket Number: S11A1358
Justia Opinion Summary: Defendant was convicted of malice murder, felony murder, and cruelty to children arising out of the death of a 15-month-old. Defendant appealed the denial of his motion for a new trial alleging that the trial court…
Date: February 6, 2012
Docket Number: S11A1431
Justia Opinion Summary: Defendant and co-defendant were convicted of felony murder, aggravated assault, and two counts of possession of a firearm during the commission of a felony. Defendant was separately convicted of theft by receiving a…
Date: February 6, 2012
Docket Numbers: S11A1435, S11A1583
Justia Opinion Summary: SES is a company that makes and supplies outer components or "skins" for grocery store refrigeration units. SES was formed in 2009 when its immediate predecessor, SER, was foreclosed by its bank. SES subsequently sued…
Date: February 6, 2012
Docket Number: S11A1492
Justia Opinion Summary: Defendant appealed his convictions for malice murder, felony murder, aggravated assault, possession of a knife during the commission of a crime, and cruelty to children in the third degree, contending that the trial…
Date: February 6, 2012
Docket Number: S11A1533
Justia Opinion Summary: In June 2002, Holders purchased from Brenda Ruth Pruitt Griffin a 70-acre tract of land in Gwinnett County. As part of the consideration for the purchase, Griffin was to grant Holders a right of first refusal to acquire…
Date: February 6, 2012
Docket Number: S11A1541
Justia Opinion Summary: Defendant appealed his conviction for felony murder and firearm possession in connection with a shooting death of an unarmed victim. The court held that defendant's claims, that the trial court abused its discretion in…
Date: February 6, 2012
Docket Number: S11A1551
Justia Opinion Summary: Joseph Washington and his wife field a quiet title action to establish that they had legal title to some disputed land. Joan Brown, Washington's sister, counterclaimed with her own quiet title action, seeking to…
Date: February 6, 2012
Docket Number: S11A1617
Justia Opinion Summary: Defendant was convicted of aggravated child molestation, aggravated sodomy, and two counts of sexual battery against a person under sixteen. On appeal, defendant asserted, inter alia, the "Child Hearsay Statute," OCGA…
Date: February 6, 2012
Docket Number: S11A1663
Justia Opinion Summary: Defendant was convicted of the malice murder of his fiancee and was sentenced to life imprisonment. Defendant appealed the denial of his motion for a new trial. The court concluded that the evidence was sufficient to…
Date: February 6, 2012
Docket Number: S11A1689
Justia Opinion Summary: The Boyds sued JohnGalt for trespass and ejectment over a disputed piece of property that JohnGalt purported to gain ownership of. JohnGalt counterclaimed for trespass and conversion, and to quiet title. Following the…
Date: February 6, 2012
Docket Number: S11A1775
Justia Opinion Summary: Defendant was convicted of murder, felony murder, and aggravated assault. On appeal, defendant contended that the district court erred by admitting certain evidence and by giving an improper jury instruction. The court…
Date: February 6, 2012
Docket Number: S11A1899
Justia Opinion Summary: Defendant and co-defendant were convicted of felony murder, aggravated assault, and two counts of possession of a firearm during the commission of a felony. Defendant appealed his conviction. The court held that "merely…
Date: February 6, 2012
Docket Number: S11A1914
Justia Opinion Summary: Defendant was indicted for malice murder, an alternative count of felony murder during the commission of aggravated assault and possession of a firearm by a convicted felony, and a separate count charging the underlying…
Date: February 6, 2012
Docket Number: S11A1917
Justia Opinion Summary: Defendant was indicted for felony murder, aggravated assault, and possession of a knife during the commission of a felony. Defendant was convicted and sentenced to life imprisonment for the murder count and five years to…
Date: February 6, 2012
Docket Number: S11A1946
Justia Opinion Summary: Defendant appealed his murder conviction, contending, inter alia, that the trial court abused its discretion in finding that the state adequately established the chain of custody for the victim's blood sample that was…
Date: February 6, 2012
Docket Number: S11A1960
Justia Opinion Summary: Appellants were indicted by a grand jury on charges of, inter alia, offering to assist and assisting in the commission of suicide in violation of OCGA 16-5-5(b). At issue was whether OCGA 16-5-5(b) was constitutional…
Date: February 6, 2012
Docket Number: S11A1970
Justia Opinion Summary: Defendant was convicted of voluntary manslaughter and sentenced to 20 years in prison. The habeas court subsequently found that defendant's appellate counsel had been deficient for failing to ensure the transcript of the…
Date: February 6, 2012
Docket Number: S11A1972
Justia Opinion Summary: Defendant, pro se, appealed from the trial court's denial of his motion for out-of-time appeal. In 1984, defendant pled guilty to one count of murder in a negotiated plea deal in which the State agreed to withdraw its…
Date: February 6, 2012
Docket Number: S11F1978
Justia Opinion Summary: In this divorce case, wife asserted, inter alia, that the trial court erred in calculating wife's interest in husband's pension and in ordering husband to pay wife alimony in the amount of $1,250 per month once husband's…
Date: February 6, 2012
Docket Number: S11G0344
Justia Opinion Summary: Defendant was indicted in superior court for armed robbery and other offenses even though he was 16 years old at the time of the alleged crimes. Defendant moved to transfer the case to juvenile court. Although the…
Date: February 6, 2012
Docket Number: S11G1047
Justia Opinion Summary: Appellant, pro se, brought an action in the trial court against the City, the City Council, and the City's Municipal Clerk (appellees) alleging violations of Georgia's Open Meetings Act, OCGA 50-14-1 et seq. Appellant…
Date: February 6, 2012
Docket Number: S11G1407
Justia Opinion Summary: Defendant was convicted of child molestation based on an incident that occurred in a restroom at Screven County High School. During trial, the State failed to introduce any direct evidence that the crime occurred in…
Date: January 23, 2012
Docket Number: S11A1281
Justia Opinion Summary: Defendant was convicted of charges related to the murder of two of defendant's employees. The court held that the trial court did not clearly err in admitting defendant's in-custody statements; defendant's complaint,…
Date: January 23, 2012
Docket Number: S11A1316
Justia Opinion Summary: The court granted Wife's application for interlocutory appeal to determine whether the superior court erred in denying her motion to dismiss her ex-Husband's petition to modify child support. The court held that it was…
Date: January 23, 2012
Docket Number: S11A1327
Justia Opinion Summary: Defendant was sentenced to life in prison for malice murder and the trial court entered an order of nolle prosequi on the remaining counts of the indictment. Defendant subsequently appealed from the trial court's denial…
Date: January 23, 2012
Docket Number: S11A1479
Justia Opinion Summary: Defendant appealed his conviction for malice murder, aggravated assault, and possession of a firearm or knife during the commission of a felony in connection with the fatal shooting of one victim and the wounding of…
Date: January 23, 2012
Docket Number: S11A1550
Justia Opinion Summary: Sterling, a limited liability corporation engaged in the business of importing and selling Iraqi currency, hired Grossi, a company that specialized in web-based marketing strategies, in an effort to create an…
Date: January 23, 2012
Docket Number: S11A1611
Justia Opinion Summary: Defendant was convicted of malice and felony murder, as well as possession of a firearm during the commission of a crime. A motion for new trial was denied and defendant appealed. The court held that the trial court did…
Date: January 23, 2012
Docket Number: S11A1679
Justia Opinion Summary: Defendant appealed his sentence and conviction involving murder, burglary, and related offenses. The court held that the trial court did not err by excusing potential jurors; convictions for eight of the alleged offenses…
Date: January 23, 2012
Docket Number: S11A1709
Justia Opinion Summary: Defendant was convicted of the malice and felony murders of two victims. The felony murder verdicts were vacated by operation of law. The trial court entered judgments of conviction on the malice murder verdicts and…
Date: January 23, 2012
Docket Number: S11A1827
Justia Opinion Summary: Defendant and co-defendant were found guilty of malice murder and armed robbery, as well as related crimes. The court held that the trial court did not err in denying defendant's motion to sever the parties and in…
Date: January 23, 2012
Docket Number: S11A1835
Justia Opinion Summary: Defendant was convicted of, inter alia, malice murder of his pregnant girlfriend and her sister. Defendant's motion for a new trial was denied and he appealed. The court held that, viewed in context, defendant's…
Date: January 23, 2012
Docket Number: S11A1865
Justia Opinion Summary: Defendant was convicted for murder of smothering his wife to death and sentenced to life imprisonment. Defendant appealed after the denial of a motion for a new trial. The court held that the jury was authorized to find…
Date: January 23, 2012
Docket Number: S11A1904
Justia Opinion Summary: Defendant appealed from the denial of his motion for a new trial following his conviction for malice murder and other related crimes. The court held that defendant did not preserve his claim that the trial court erred by…
Date: January 23, 2012
Docket Numbers: S11A1934, S11A1935
Justia Opinion Summary: Defendants, Thomasina Beverly Mack and Demario Steven Smith, were convicted of the malice murder of Mack's 30 month old child, who died as a result of blunt-force head trauma and strangulation. The court held that the…
Date: January 23, 2012
Docket Number: S11A1951
Justia Opinion Summary: William J. Mason appealed the probate court's order denying his petition to probate the will of Frances E. Hobbs. At issue was whether the petitioner proved that the will was properly executed or that the signature to…
Date: January 23, 2012
Docket Number: S11A1977
Justia Opinion Summary: Larry DeFoor petitioned to establish title against all the world on a piece of property in Ellijay, Georgia. Appellants, certain descendants of Millie DeFoor, the record title holder, answered the petition and denied its…
Date: January 9, 2012
Docket Number: S11A1296
Justia Opinion Summary: Defendant was convicted of felony murder and other offenses in connection with the death of the victim. On appeal, defended asserted, inter alia, that the prosecution withheld exculpatory evidence in violation of Brady…
Date: January 9, 2012
Docket Number: S11A1315
Justia Opinion Summary: Prine filed a caveat challenging the validity of her father's will on the grounds that he lacked testamentary capacity and was operating under undue influence. The probate court ordered the probate of the will in solemn…
Date: January 9, 2012
Docket Number: S11A1364
Justia Opinion Summary: Defendant was convicted of malice murder and other related offenses in connection with the stabbing of one victim and the aggravated assault of another. On appeal, defendant challenged certain evidentiary rulings of the…
Date: January 9, 2012
Docket Number: S11A1401
Justia Opinion Summary: DRST Holdings filed a petition for money rule nisi and mandamus against Sheriff Brown demanding payment of excess funds where Sheriff Brown had determined that the redemption of certain property by DRST Holdings was…
Date: January 9, 2012
Docket Number: S11A1406
Justia Opinion Summary: Defendant was convicted of murder in the drive-by shooting of the victim. Defendant contended that he did not receive a fair trial because the trial court restricted his cross-examination of an eyewitness and the…
Date: January 9, 2012
Docket Number: S11A1409
Justia Opinion Summary: Defendant appealed the habeas court's denial of his motion to transfer his habeas action. Defendant sought transfer of his habeas petition to the superior court of the county to which he had been transferred after…
Date: January 9, 2012
Docket Number: S11A1463
Justia Opinion Summary: Defendant was indicted for malice murder, felony murder, and aggravated assault after the victim was fatally shot with a crossbow. Defendant subsequently filed a motion for discharge and acquittal and plea in bar,…
Date: January 9, 2012
Docket Number: S11A1469
Justia Opinion Summary: Defendant entered negotiated pleas of guilty to charges of murder and possession of a firearm by a convicted felon. Defendant appealed from the trial court's denial of his out-of-time appeal. The court held that…
Date: January 9, 2012
Docket Number: S11A1485
Justia Opinion Summary: Defendant was convicted and sentenced for malice murder and armed robbery, assault of the victim with intent to rob, the aggravated assault of the victim by shooting him with a deadly weapon, and for being in possession…
Date: January 9, 2012
Docket Number: S11A1502
Justia Opinion Summary: Plaintiffs brought suit against the Board, alleging that sections 2 and 3 of Ordinance No. 10-01, amending two sections of the Local Act, Ga. L. 1983, p. 4594 (sections 10 and 14), were unconstitutional and sought…
Date: January 9, 2012
Docket Number: S11A1537
Justia Opinion Summary: Testatrix had four predeceased siblings, and Propounder and Caveator were two of five nieces and nephews who were Testatrix's heirs at law. Caveator appealed the probate court's order holding that Propounder carried her…
Date: January 9, 2012
Docket Number: S11A1725
Justia Opinion Summary: Defendant appealed an order denying his petition for writ of habeas corpus, challenging his 1988 guilty plea to possession of cocaine with intent to distribute. At issue was whether the habeas court erred in holding that…
Date: January 9, 2012
Docket Number: S11A1748
Justia Opinion Summary: The County appealed from the grant of a writ of mandamus ordering it to reinstate appellee to his former position as a fire captain and awarding him back pay and costs of litigation. The court held that because appellee…
Date: January 9, 2012
Docket Number: S11A1862
Justia Opinion Summary: Defendant challenged his guilty plea to two counts of malice murder. The court affirmed where the trial court found that defendant fully understood the terms of the negotiated agreement, including that he would be…
Date: January 9, 2012
Docket Number: S11A1886
Justia Opinion Summary: Defendant was convicted of malice murder and other related offenses in connection with the stabbing death of one victim and the aggravated stalking of another. Defendant appealed. The court held that defendant failed to…
Date: January 9, 2012
Docket Number: S11A1896
Justia Opinion Summary: Wife appealed the trial court's orders subsequent to a divorce decree, contending that the trial court erred by retroactively reducing husband's alimony obligation and by failing to grant wife attorney fees. The court…
Date: January 9, 2012
Docket Number: S11A1950
Justia Opinion Summary: This case arose after a divorce decree between Husband and Wife. After a hearing, the trial court entered a final order granting primary physical custody of the children to Husband and visitation to Wife. Thereafter,…
Date: January 9, 2012
Docket Number: S11F1586
Justia Opinion Summary: Husband appealed a trial court's issuance of a final divorce judgment and decree that divided some unimproved real property in Florida and two Morgan Stanley funds equally between the parties and made no disposition of…
Date: January 9, 2012
Docket Number: S11F1804
Justia Opinion Summary: Wife appealed a final judgment of divorce, contending that, in awarding primary physical custody of the parties' two children to husband, the trial court abused its discretion in failing to consider evidence of alleged…
Date: January 9, 2012
Docket Number: S11F1856
Justia Opinion Summary: Father and Mother's judgment of divorce incorporated by reference a parenting plan and custody order that gave Mother primary physical custody of the parties' daughter, with Father awarded visitation that required…
Date: January 9, 2012
Docket Number: S11G0867
Justia Opinion Summary: Appellants are the biological paternal grandparents of a child born to appellee and appellants' son. After Douglas Bailey married the child's mother, he adopted the child in 2006 when appellants' son terminated his…
Date: January 9, 2012
Docket Number: S12A0097
Justia Opinion Summary: Defendant was convicted of malice murder of one victim and aggravated assault of three other victims. Defendant was also convicted of armed robbery of each of the four victims and possession of a firearm during the…
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