1. January 10, 2011 - SUMMARIES for NOTEWORTHY OPINIONS (01/10/2011)
Supreme Court of Georgia Jane Hansen, Public Information Officer 244 Washington Street, Suite 572 Atlanta, Georgia 30334 404-651-9385 hansenj@gasupreme.us SUMMARIES OF OPINIONS Published Monday, Janu...
2. S10A1361. MPP INVESTMENTS, INC. v. CHEROKEE BANK, N.A., et al. (01/10/2011)
Final Copy 288 Ga. 558 S10A1361. MPP INVESTMENTS, INC. v. CHEROKEE BANK, N.A. et al. S10A1363. HOWE v. CHEROKEE BANK, N.A. et al. CARLEY, Presiding Justice. On April 30, 1998, Old Roswell Investment...
3. S10A1365. MORGAN v. MORGAN (01/10/2011)
Final Copy 288 Ga. 417 S10A1365. MORGAN v. MORGAN. HUNSTEIN, Chief Justice. Jeff Morgan (Husband), a member of the United States Navy, and his former wife, Tina (Wife), were divorced in February 2007 ...
4. S10A1399. RENDER v. THE STATE (01/10/2011)
Final Copy 288 Ga. 420 S10A1399. RENDER v. THE STATE. HINES, Justice. Following the denial of his motion for new trial, Harold Lee Render appeals his convictions for felony murder, aggravated assault,...
5. S10A1559. CRAWFORD v. THE STATE (01/10/2011)
Final Copy 288 Ga. 425 S10A1559. CRAWFORD v. THE STATE. HUNSTEIN, Chief Justice. Roy Crawford was convicted of murder in the drowning death of Seliqueka Curry. He appeals from the denial of his motion...
6. S10A1571. HIGGENBOTTOM v. THE STATE (01/10/2011)
Final Copy 288 Ga. 429 S10A1571. HIGGENBOTTOM v. THE STATE. THOMPSON, Justice. Appellant Dale Higgenbottom appeals from a trial court order denying a motion to dismiss his indictment for violation of ...
7. S10A1583. JONES v. THE STATE (01/10/2011)
Final Copy 288 Ga. 431 S10A1583. JONES v. THE STATE. HINES, Justice. This is the second appearance of this case in this Court. Floyd Jones was found guilty of malice murder and possession of a firearm...
8. S10A1662. ALVELO v. THE STATE (01/10/2011)
Final Copy 288 Ga. 437 S10A1662. ALVELO v. THE STATE. HUNSTEIN, Chief Justice. Stephen Alvelo was convicted of malice murder and other crimes arising out of the death of Walter Cooper. He appeals from...
9. S10A1644. BRINSON v. THE STATE (01/10/2011)
Final Copy 288 Ga. 435 S10A1644. BRINSON v. THE STATE. NAHMIAS, Justice. Nevarro Brinson and Temyarance Johnson, who were both Marine Corps reservists, were jointly tried for malice murder, conspiracy...
10. S10A1727. COMMUNITY RENEWAL & REDEMPTION, LLC v. NIX et al. (01/10/2011)
Final Copy 288 Ga. 439 S10A1727. COMMUNITY RENEWAL AND REDEMPTION v. NIX et al. THOMPSON, Justice. This is the second appearance of this case before this Court. See Community Renewal and Redemption v....
11. S10A1775. AUITO, CAVEATOR v. AUITO, PROPOUNDER (01/10/2011)
Final Copy 288 Ga. 443 S10A1775. AUITO v. AUITO. BENHAM, Justice. Bito Auito died March 31, 2007, leaving a will which named as executrix the decedent's widow, appellee Elois Ann Auito. Executrix Auit...
12. S10A1935. CLEMONS v. THE STATE (01/10/2011)
Final Copy 288 Ga. 445 S10A1935. CLEMONS v. THE STATE. CARLEY, Presiding Justice. After conducting a bench trial, the trial court found Appellant Dennis Clemons guilty of the malice murder of Shirle...
13. S10A2074. UPPERMAN v. THE STATE (01/10/2011)
Final Copy 288 Ga. 447 S10A2074. UPPERMAN v. THE STATE. HINES, Justice. Inmate Adam Upperman, pro se, appeals from an order of the Superior Court of DeKalb County dismissing his motion for an out-of-t...
14. S10P1772. LOYD v. THE STATE (01/10/2011)
Final Copy 288 Ga. 481 S10P1772. LOYD v. THE STATE. HUNSTEIN, Chief Justice. Roger Lynn Loyd pled guilty in this death penalty case to the malice murder of three-year-old Tevin Hammonds and to relat...
15. S10Y0723. IN THE MATTER OF ARTHUR F. MILLARD (01/10/2011)
Final Copy 288 Ga. 449 S10Y0723. IN THE MATTER OF ARTHUR F. MILLARD. PER CURIAM. This disciplinary matter presents an unusual example of an attorney who simply refuses to stop prosecuting either his ...
16. S10Y1608. IN THE MATTER OF ERIC SHAPIRO (01/10/2011)
Final Copy 288 Ga. 455 S10Y1608. IN THE MATTER OF ERIC SHAPIRO. PER CURIAM. This disciplinary matter is before the Court on the petition for voluntary discipline filed by Eric Shapiro (State Bar No. 6...
17. S10Y1717. IN THE MATTER OF KAREN SUZANNE WILKES (01/10/2011)
Final Copy 288 Ga. 456 S10Y1717. IN THE MATTER OF KAREN SUZANNE WILKES. PER CURIAM. This disciplinary matter is before the Court pursuant to a Notice of Discipline filed by the State Bar alleging that...
18. S10Y2081. IN THE MATTER OF PAT EUGENE BELCHER II (01/10/2011)
Final Copy 288 Ga. 457 S10Y2081. IN THE MATTER OF PAT EUGENE BELCHER II. PER CURIAM. This disciplinary matter is before the Court on a Notice of Discipline filed by the Office of General Counsel of t...
19. S11Y0231. IN THE MATTER OF SANDRA M. FULLER (01/18/2011)
Final Copy 288 Ga. 458 S11Y0231. IN THE MATTER OF SANDRA M. FULLER. PER CURIAM. This disciplinary proceeding is before the Court on the Report and Recommendation of the Special Master, James E. Mahar,...
20. S11Y0184. IN THE MATTER OF JOYCE MARIE GRIGGS (01/24/2011)
Final Copy 288 Ga. 461 S11Y0184. IN THE MATTER OF JOYCE MARIE GRIGGS. PER CURIAM. This disciplinary matter is before the Court on the motion for reinstatement filed by Joyce Marie Griggs (State Bar No...
21. S10A1378. GLENN v. THE STATE (01/24/2011)
Final Copy 288 Ga. 462 S10A1378. GLENN v. THE STATE. BENHAM, Justice. Appellant Alton Tywon Glenn was convicted of and sentenced to two consecutive sentences of life imprisonment for malice murder and...
22. S10A1465. WILSON v. KEMP 6-10-11 Substitute opinion issued. (01/24/2011)
In the Supreme Court of Georgia Decided: January 24, 2011 S10A1465. WILSON v. KEMP. HUNSTEIN, Chief Justice. We granted Milton Wilson a certificate of probable cause to appeal the denial of his peti...
23. S10A1538. TEASLEY v. THE STATE (01/24/2011)
Final Copy 288 Ga. 468 S10A1538. TEASLEY v. THE STATE. CARLEY, Presiding Justice. After a jury trial, Appellant Christopher Teasley and his brothers Emory Teasley and Tyrone Teasley were found guilt...
24. S10A1723. MASON v. THE STATE (01/24/2011)
Final Copy 288 Ga. 471 S10A1723. MASON v. THE STATE. HUNSTEIN, Chief Justice. Alfonso Mason was convicted of murder in the stabbing death of Cynthia Hyman and of kidnapping, armed robbery and hijacki...
25. S10A1883. SHARPE v. THE STATE (01/24/2011)
Final Copy 288 Ga. 565 S10A1883. SHARPE v. THE STATE. MELTON, Justice. Following his conviction for murder, aggravated assault, and possession of a firearm during the commission of a crime, Montrell...
26. S10A2064. THE STATE v. MIZELL (01/24/2011)
Final Copy 288 Ga. 474 S10A2064. THE STATE v. MIZELL. NAHMIAS, Justice. Willie Mizell was convicted of malice murder and other crimes in May 2005. Almost five years later, the trial court granted Miz...
27. S10F1357. WILLIS v. WILLIS 1-24-11 Substitute opinion issued. (01/24/2011)
Final Copy 288 Ga. 577 S10F1357, S10F1358. WILLIS v. WILLIS; and vice versa. BENHAM, Justice. These appeals from the entry of a judgment and decree of divorce are before the Court by way of this Cou...
28. S10F1358. WILLIS v. WILLIS 1-24-11 Substitute opinion issued. (01/24/2011)
Final Copy 288 Ga. 577 S10F1357, S10F1358. WILLIS v. WILLIS; and vice versa. BENHAM, Justice. These appeals from the entry of a judgment and decree of divorce are before the Court by way of this Cou...
29. S10G1142. MCG HEALTH, INC. v. OWNERS INSURANCE COMPANY 3-18-11 Substitute opinion issued. (01/24/2011)
Final Copy 288 Ga. 782 S10G1142. MCG HEALTH, INC. v. OWNERS INSURANCE COMPANY. BENHAM, Justice. This case arises from the dismissal of a complaint filed by MCG Health, Inc. ("MCG"), against Owners Ins...
30. S10Y1795. IN THE MATTER OF NINA LAMBERT ROBERTS (01/24/2011)
Final Copy 288 Ga. 478 S10Y1795. IN THE MATTER OF NINA LAMBERT ROBERTS. PER CURIAM. This disciplinary matter is before the Court on the Report and Recommendations of special master Scott Lester Bonder...
31. S11Y0223. IN THE MATTER OF LYNN McNEESE SWANK (01/24/2011)
Final Copy 288 Ga. 479 S11Y0223. IN THE MATTER OF LYNN McNEESE SWANK. PER CURIAM. This disciplinary matter is before the Court on a Request for Suspension Pending the Resolution of Pending Criminal C...
32. S11Y0363. IN THE MATTER OF DOUGLAS LIDDELL KIRKLAND (02/07/2011)
Final Copy 288 Ga. 480 S11Y0363. IN THE MATTER OF DOUGLAS LIDDELL KIRKLAND. PER CURIAM. This reciprocal discipline matter is before the Court on the Report and Recommendation of the Review Panel, reco...
33. S10G0211. THE STATE v. PORTER (02/07/2011)
Final Copy 288 Ga. 524 S10G0211. THE STATE v. PORTER. NAHMIAS, Justice. Finding a violation of Stanley Porter's constitutional right to a speedy trial, the trial court granted Porter's motion to dis...
34. S10A1334. BELLEW v. LARESE (02/07/2011)
Final Copy 288 Ga. 495 S10A1334. BELLEW v. LARESE. HINES, Justice. This Court granted Robert Shelton Bellew's application for discretionary appeal to review the trial court's order dismissing his div...
35. S10Q1379. CAMPBELL v. ALTEC INDUSTRIES, INC., et al. (02/07/2011)
Final Copy 288 Ga. 535 S10Q1379. CAMPBELL et al. v. ALTEC INDUSTRIES, INC. et al. HINES, Justice. This case comes before this Court on a certified question from the United States Court of Appeals for ...
36. S10A1387. GEAR v. THE STATE (02/07/2011)
Final Copy 288 Ga. 500 S10A1387. GEAR v. THE STATE. HUNSTEIN, Chief Justice. Appellant Richard Harold Gear was convicted of murder, aggravated assault and firearm possession in connection with the s...
37. S10A1563. ADAMS v. THE STATE 2-07-11 Substitute opinion issued. (02/07/2011)
Final Copy 288 Ga. 695 S10A1563. ADAMS v. THE STATE. CARLEY, Presiding Justice. On June 12, 2008, Mitchell Lee Adams was indicted for child molestation and aggravated child molestation occurring on a...
39. S10A1668. MOON v. THE STATE (02/07/2011)
Final Copy 288 Ga. 508 S10A1668. MOON v. THE STATE. S10A1671. MARTIN v. THE STATE. S10A1672. MARTIN v. THE STATE. CARLEY, Presiding Justice. In a joint trial, a jury found Appellants Clifton Dean Mo...
40. S10A1671. MARTIN v. THE STATE (02/07/2011)
Final Copy 288 Ga. 508 S10A1668. MOON v. THE STATE. S10A1671. MARTIN v. THE STATE. S10A1672. MARTIN v. THE STATE. CARLEY, Presiding Justice. In a joint trial, a jury found Appellants Clifton Dean Mo...
41. S10A1672. MARTIN v. THE STATE (02/07/2011)
Final Copy 288 Ga. 508 S10A1668. MOON v. THE STATE. S10A1671. MARTIN v. THE STATE. S10A1672. MARTIN v. THE STATE. CARLEY, Presiding Justice. In a joint trial, a jury found Appellants Clifton Dean Mo...
42. S10A1857. BREWINGTON v. THE STATE (02/07/2011)
Final Copy 288 Ga. 520 S10A1857. BREWINGTON v. THE STATE. S11A0017. BROWN v. THE STATE. S11A0018. BROWN v. THE STATE. BENHAM, Justice. This is a direct appeal from the trial court's denial of appella...
43. S10A2042. EVANS v. THE STATE 2-28-11 Substitute opinion issued. (02/07/2011)
Final Copy 288 Ga. 571 S10A2042. EVANS v. THE STATE. MELTON, Justice. Omar Evans was tried and found guilty by a jury of malice murder, felony murder, aggravated assault, and possession of a firearm...
44. S11A0113. WEAVER v. THE STATE (02/07/2011)
Final Copy 288 Ga. 540 S11A0113. WEAVER v. THE STATE. CARLEY, Presiding Justice. A jury found Appellant Willie Lee Weaver guilty of the malice murder of his estranged wife Donna Weaver, two counts ...
45. S11A0017. BROWN v. THE STATE (02/07/2011)
Final Copy 288 Ga. 520 S10A1857. BREWINGTON v. THE STATE. S11A0017. BROWN v. THE STATE. S11A0018. BROWN v. THE STATE. BENHAM, Justice. This is a direct appeal from the trial court's denial of appella...
46. S11A0018. BROWN v. THE STATE (02/07/2011)
Final Copy 288 Ga. 520 S10A1857. BREWINGTON v. THE STATE. S11A0017. BROWN v. THE STATE. S11A0018. BROWN v. THE STATE. BENHAM, Justice. This is a direct appeal from the trial court's denial of appella...
47. S11A0345. REEVES v. THE STATE (02/07/2011)
Final Copy 288 Ga. 545 S11A0345. REEVES v. THE STATE. CARLEY, Presiding Justice. After a jury trial, Jovan D. Reeves was found guilty of the malice murder of James Cuthbert, aggravated assault agai...
48. S10Y1629. IN THE MATTER OF SAMUEL WARREN CRUSE 2-07-11 Substitute opinion issued. (02/07/2011)
Final Copy 288 Ga. 787 S10Y1629, S10Y1631. IN THE MATTER OF SAMUEL WARREN CRUSE (two cases). PER CURIAM. These disciplinary matters are before the Court pursuant to the Report and Recommendation of t...
49. S10Y1631. IN THE MATTER OF SAMUEL WARREN CRUSE 2-07-11 Substitute opinion issued. (02/07/2011)
Final Copy 288 Ga. 787 S10Y1629, S10Y1631. IN THE MATTER OF SAMUEL WARREN CRUSE (two cases). PER CURIAM. These disciplinary matters are before the Court pursuant to the Report and Recommendation of t...
50. S11Y0538. IN THE MATTER OF TONY EUGENE MATHIS (02/28/2011)
Final Copy 288 Ga. 548 S11Y0538. IN THE MATTER OF TONY EUGENE MATHIS. PER CURIAM. This disciplinary matter is before the Court on the Petition for Voluntary Discipline filed by Respondent Tony Eugene...
51. S08Z1544. IN RE MARILYN RINGSTAFF (02/28/2011)
Final Copy 288 Ga. 583 S08Z1544. IN RE MARILYN RINGSTAFF. PER CURIAM. Marilyn Ringstaff appeals the final decision of the Board to Determine Fitness of Bar Applicants ("the Board") denying her certif...
52. S10G0542. THE STATE v. PICKETT (02/28/2011)
Final Copy 288 Ga. 674 S10G0542. THE STATE v. PICKETT. NAHMIAS, Justice. The trial court granted Phillip Pickett's motion to dismiss his indictment on the ground that the State had violated his const...
53. S10G0619. SAPP et al. v. CANAL INSURANCE CO. (02/28/2011)
Final Copy 288 Ga. 681 S10G0619. SAPP et al. v. CANAL INSURANCE COMPANY. HUNSTEIN, Chief Justice. In April 2007, appellant Pamela Sapp was injured in a car accident when her car was struck by a dump ...
54. S10A1436. PITTMAN et al. v. STATE OF GEORGIA, EX REL., et al. (02/28/2011)
Final Copy 288 Ga. 589 S10A1436. PITTMAN et al. v. STATE OF GEORGIA. NAHMIAS, Justice. Bobby and Judy Pittman ("the Pittmans") and their corporation, Hungry Jacks Foods, Inc. d/b/a Jumping Jacks Conv...
55. S10A1598. WALLER et al. v. GOLDEN et al. (02/28/2011)
Final Copy 288 Ga. 595 S10A1598. WALLER et al. v. GOLDEN et al. MELTON, Justice. Craig and Jena Golden's neighbors, the Wallers,1 appeal from a Superior Court of Henry County order denying their requ...
56. S10A1601. BISHOP et al. v. PATTON et al. (02/28/2011)
Final Copy 288 Ga. 600 S10A1601. BISHOP et al. v. PATTON et al. NAHMIAS, Justice. This case involves two components of an interlocutory injunction. The trial court entered the injunction to preserve ...
57. S10A1643. PINEDA v. THE STATE (02/28/2011)
Final Copy 288 Ga. 612 S10A1643. PINEDA v. THE STATE. HINES, Justice. Narcisco Pascacio Pineda appeals his convictions for malice murder and possession of a firearm during the commission of felonies, ...
58. S10A1661. GIBSON v. THE STATE (02/28/2011)
Final Copy 288 Ga. 617 S10A1661. GIBSON v. THE STATE. MELTON, Justice. Hector Gibson was tried and found guilty by a jury of felony murder, armed robbery, and possession of a firearm during the commi...
59. S10A1700. STOWELL v. HUGUENARD (02/28/2011)
Final Copy 288 Ga. 628 S10A1700. STOWELL v. HUGUENARD. CARLEY, Presiding Justice. James Stowell and Kathleen Huguenard were divorced in 2005, and the divorce decree established child support and al...
60. S10A1701. SMILEY v. THE STATE (02/28/2011)
Final Copy 288 Ga. 635 S10A1701. SMILEY v. THE STATE. HINES, Justice. Following the denial of an amended motion for new trial, George Smiley appeals his conviction for malice murder in connection wit...
61. S10A1718. GIBBS v. THE STATE (02/28/2011)
Final Copy 288 Ga. 638 S10A1718. GIBBS v. THE STATE. HINES, Justice. Following the denial of his motion for new trial, Anthony O'Neil Gibbs, Jr., appeals his convictions for malice murder, possession...
62. S10A1719. FOX v. THE STATE (02/28/2011)
Final Copy 289 Ga. 34 S10A1719. FOX v. THE STATE. NAHMIAS, Justice. Michael Fox was convicted by a Gwinnett County jury of malice murder, felony murder, and armed robbery stemming from the shooting d...
63. S10A1748. GUDE v. THE STATE (02/28/2011)
Final Copy 289 Ga. 46 S10A1748. GUDE v. THE STATE. BENHAM, Justice. Frederick Lee Gude has been indicted for murder and related crimes. The State moved the trial judge, Judge Marvin Arrington, to rec...
64. S10F1810. TREMBLE v. TREMBLE (02/28/2011)
Final Copy 288 Ga. 666 S10F1810, S10F1811. TREMBLE v. TREMBLE (two cases). MELTON, Justice. Debra Tremble ("Wife") and Lamar Tremble ("Husband") were married on March 23, 1974, and Wife filed for di...
65. S10F1811. TREMBLE v. TREMBLE (02/28/2011)
Final Copy 288 Ga. 666 S10F1810, S10F1811. TREMBLE v. TREMBLE (two cases). MELTON, Justice. Debra Tremble ("Wife") and Lamar Tremble ("Husband") were married on March 23, 1974, and Wife filed for di...
66. S10F1818. SIMMONS v. SIMMONS (02/28/2011)
Final Copy 288 Ga. 670 S10F1818. SIMMONS v. SIMMONS. HUNSTEIN, Chief Justice. Kristi Simmons ("Wife") filed for divorce from Gregory Simmons ("Husband") after 16 years of marriage. The parties have ...
67. S10A1841. WARD v. THE STATE (02/28/2011)
Final Copy 288 Ga. 641 S10A1841. WARD v. THE STATE. S11A0033. KILGORE v. THE STATE. THOMPSON, Justice. Appellants James Ward and Jonathan Kilgore were jointly charged and tried for the malice murder ...
68. S10A1905. NEWSOME v. THE STATE (02/28/2011)
Final Copy 288 Ga. 647 S10A1905. NEWSOME v. THE STATE. HUNSTEIN, Chief Justice. Marcus Leshae Newsome was charged with murder and felony murder in the shooting death of Lawrence Chambliss as well as ...
69. S10A2004. BAPTISTE v. THE STATE (02/28/2011)
Final Copy 288 Ga. 653 S10A2004. BAPTISTE v. THE STATE. BENHAM, Justice. Appellant Gerard George Baptiste was convicted in 2003 of the felony murder of Marcos Herrera, whose body was found alongside ...
70. S10A2029. SLACK v. THE STATE (02/28/2011)
Final Copy 288 Ga. 659 S10A2029. SLACK v. THE STATE. HINES, Justice. Jonathan Slack appeals his convictions for malice murder, possession of a firearm during the commission of a crime, and possession...
71. S10A2033. LOWE v. THE STATE (02/28/2011)
Final Copy 288 Ga. 662 S10A2033. LOWE v. THE STATE. BENHAM, Justice. This appeal arises from appellant Antonia Lowe's murder conviction relating to the death of Lula Bell Scott.1 1. Appellant conte...
72. S10A2072. NASHVILLE RESTAURANT MANAGEMENT, LLC v. GWINNETT COUNTY, et al. (02/28/2011)
Final Copy 288 Ga. 664 S10A2072. NASHVILLE RESTAURANT MANAGEMENT, LLC v. GWINNETT COUNTY et al. HUNSTEIN, Chief Justice. In March 2010, after a large sinkhole opened on its Gwinnett County property,1...
73. S11A0033. KILGORE v. STATE (02/28/2011)
Final Copy 288 Ga. 641 S10A1841. WARD v. THE STATE. S11A0033. KILGORE v. THE STATE. THOMPSON, Justice. Appellants James Ward and Jonathan Kilgore were jointly charged and tried for the malice murder ...
74. S11A0346. SCARBOROUGH, CHAIRMAN et al. v. HUNTER et al. (02/28/2011)
Final Copy 288 Ga. 687 S11A0346. SCARBOROUGH et al. v. HUNTER et al. MELTON, Justice. This case involves a dispute over the potential abandonment of Winding Bluff Road by Stephens County and its Boa...
75. S11Y0275. IN THE MATTER OF BROOKS E. BLITCH, III (02/28/2011)
Final Copy 288 Ga. 690 S11Y0275. IN THE MATTER OF BROOKS E. BLITCH III. PER CURIAM. This disciplinary matter is before the Court on the report and recommendation of a special master, James C. Whelche...
76. S11Y0370. IN THE MATTER OF HASSAN ELKHALIL (02/28/2011)
Final Copy 288 Ga. 692 S11Y0370. IN THE MATTER OF HASSAN ELKHALIL. PER CURIAM. This matter is before the Court on the Petition for Voluntary Discipline filed by Respondent Hassan Elkhalil (State Bar ...
77. S11Y0555. IN THE MATTER OF PAMELA V. DADA (02/28/2011)
Final Copy 288 Ga. 694 S11Y0555. PER CURIAM. IN THE MATTER OF PAMELA V. DADA. This matter is before the Court on the Report and Recommendation of the special master, George E. Glaze, who was appoin...
78. S11Y0633. IN THE MATTER OF JACK TARPLEY CAMP (03/07/2011)
Final Copy 288 Ga. 694 S11Y0633. IN THE MATTER OF JACK TARPLEY CAMP. PER CURIAM. This disciplinary matter is before the Court pursuant to the petition for voluntary surrender of license filed by Jack...
79. S10G0521. AMERICAN EMPIRE SURPLUS LINES INSURANCE COMPANY v. HATHAWAY DEVELOPMENT COMPANY, INC. (03/07/2011)
Final Copy 288 Ga. 749 S10G0521. AMERICAN EMPIRE SURPLUS LINES INSURANCE COMPANY v. HATHAWAY DEVELOPMENT COMPANY, INC. THOMPSON, Justice. We granted a writ of certiorari to the Court of Appeals in Ha...
80. S10A1347. DOLPHY v. THE STATE (03/07/2011)
Final Copy 288 Ga. 705 S10A1347. DOLPHY v. THE STATE. NAHMIAS, Justice. In 2008, Darrell Q. Dolphy was convicted of malice murder and other crimes arising from the shooting death of Rasheym Drummond. ...
81. S10G1471. BROWN INVESTMENT GROUP, LLC v. THE MAYOR & ALDERMAN OF THE CITY OF SAVANNAH (03/07/2011)
Final Copy 289 Ga. 67 S10G1471. BROWN INVESTMENT GROUP, LLC et al. v. THE MAYOR AND ALDERMEN OF THE CITY OF SAVANNAH. CARLEY, Presiding Justice. On August 1, 2006, a tax deed to real property locat...
82. S10A1497. MCDANIEL, PROPOUNDER v. MCDANIEL, CAVEATOR (03/07/2011)
Final Copy 288 Ga. 711 S10A1497, S10X1498. McDANIEL v. McDANIEL; and vice versa. NAHMIAS, Justice. In this probate case, the propounder filed a petition for probate in solemn form to have a 2007 will...
83. S10X1498. MCDANIEL, CAVEATOR v. MCDANIEL, PROPOUNDER (03/07/2011)
Final Copy 288 Ga. 711 S10A1497, S10X1498. McDANIEL v. McDANIEL; and vice versa. NAHMIAS, Justice. In this probate case, the propounder filed a petition for probate in solemn form to have a 2007 will...
84. S10A1517. DEMOCRATIC PARTY OF GEORGIA, INC. v. PERDUE et al. (03/07/2011)
Final Copy 288 Ga. 720 S10A1517. DEMOCRATIC PARTY OF GEORGIA, INC. v. PERDUE et al. THOMPSON, Justice. Appellant Democratic Party of Georgia, Inc. filed suit against appellees Governor Sonny Perdue,...
85. S10F1591. HULING et al. v. HULING (03/07/2011)
Final Copy 289 Ga. 55 S10F1591. HULING et al. v. HULING. HUNSTEIN, Chief Justice. Clayton Dallas Huling, Jr. ("Husband") filed for divorce from Charlene Huling ("Wife") after 23 years of marriage. Wi...
86. S10A1599. DRAUGHN v. DRAUGHN (03/07/2011)
Final Copy 288 Ga. 734 S10A1599, S10A1600. DRAUGHN v. DRAUGHN (two cases). BENHAM, Justice. We granted the application for discretionary review filed by appellant Angel Draughn (hereinafter "Mother"...
87. S10A1600. DRAUGHN v. DRAUGHN (03/07/2011)
Final Copy 288 Ga. 734 S10A1599, S10A1600. DRAUGHN v. DRAUGHN (two cases). BENHAM, Justice. We granted the application for discretionary review filed by appellant Angel Draughn (hereinafter "Mother"...
88. S10A1711. CROWDER v. THE STATE (03/07/2011)
Final Copy 288 Ga. 739 S10A1711. CROWDER v. THE STATE. BENHAM, Justice. Following the shooting death of his estranged wife on January 16, 2008, appellant Darrell Anthony Crowder was indicted on 17 se...
89. S10A1777. PANKONIN et al. v. GASKINS (03/07/2011)
In the Supreme Court of Georgia Decided: March 7, 2011 S10A1777. PANKONIN et al. v. GASKINS. THOMPSON, Justice. The judgment of the court below is affirmed without opinion pursuant to Supreme Court R...
90. S10F1783. SYMMS v. SYMMS (03/07/2011)
Final Copy 288 Ga. 748 S10F1783. SYMMS v. SYMMS. HINES, Justice. Andrew Symms ("Husband") appeals from the final judgment and decree of divorce ("decree") from Tracy Symms ("Wife") following the grant...
91. S10A2028. HOWARD v. THE STATE (03/07/2011)
Final Copy 288 Ga. 741 S10A2028. HOWARD v. THE STATE. S11A0026. ROSS v. THE STATE. CARLEY, Presiding Justice. Appellants Jarmmal Howard and Joe Ross were tried jointly before a jury. Ross was found...
92. S11A0024. NORMAN b/n/f NORMAN v. GOBER et al. (03/07/2011)
Final Copy 288 Ga. 754 S11A0024. NORMAN v. GOBER et al. MELTON, Justice. Following the probate court's dismissal of his caveat to his grandmother's will for lack of standing, William Howard Norman ap...
93. S11A0026. ROSS v. THE STATE (03/07/2011)
Final Copy 288 Ga. 741 S10A2028. HOWARD v. THE STATE. S11A0026. ROSS v. THE STATE. CARLEY, Presiding Justice. Appellants Jarmmal Howard and Joe Ross were tried jointly before a jury. Ross was found...
94. S11A0050. COLLIER v. THE STATE (03/07/2011)
Final Copy 288 Ga. 756 S11A0050. COLLIER v. THE STATE. CARLEY, Presiding Justice. A jury found Lester Collier guilty of the malice murder of Ben Sullen, Jr. The trial court entered judgment of convi...
95. S11A0115. STATE OF GEORGIA v. ROZIER et al. (03/07/2011)
Final Copy 288 Ga. 767 S11A0115. STATE OF GEORGIA v. ROZIER et al. MELTON, Justice. The State of Georgia, acting through the Department of Natural Resources, filed this quiet title action with regard...
96. S11A0228. MARLOW v. THE STATE (03/07/2011)
Final Copy 288 Ga. 769 S11A0228. MARLOW v. THE STATE. MELTON, Justice. Following a jury trial, Shannon Alan Marlow appeals his convictions for malice murder, felony murder, aggravated assault, and th...
97. S11A0257. JOHNSON v. THE STATE (03/07/2011)
Final Copy 288 Ga. 771 S11A0257. JOHNSON v. THE STATE. THOMPSON, Justice. A jury found appellant Ricky Johnson guilty of malice murder, two counts of felony murder, armed robbery, two counts of aggr...
98. S11A0273. TURNER et al. v. CITY OF TALLAPOOSA et al. 4-26-11 Substitute opinion issued. (03/07/2011)
Final Copy 289 Ga. 138 S11A0273. TURNER et al. v. CITY OF TALLAPOOSA et al. MELTON, Justice. In this quiet title action, Charles Stanley Turner and Tim W. Turner brought suit against the City of Tal...
99. S11A0415. ROSCOE v. THE STATE (03/07/2011)
Final Copy 288 Ga. 775 S11A0415. ROSCOE v. THE STATE. THOMPSON, Justice. A jury found Maurice Roscoe guilty of malice murder, possession of a firearm during the commission of a crime, and possession ...
100. S11Y0147. IN THE MATTER OF LECORA BOWEN (03/07/2011)
Final Copy 289 Ga. 92 S11Y0147. IN THE MATTER OF LECORA BOWEN. PER CURIAM. This disciplinary matter is before the Court on a Notice of Discipline filed by the Office of General Counsel of the State B...