1. January 9, 2012 - SUMMARIES for NOTEWORTHY OPINIONS (01/09/2012)
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. S11U0730. IN RE: FORMAL ADVISORY OPINION NO. 10-2 (01/09/2012)
Final Copy 290 Ga. 363 S11U0730. IN RE FORMAL ADVISORY OPINION NO. 10-2. This Court granted review of Formal Advisory Opinion Number 10-2 , issued by the Formal Advisory Opinion Board on October 14, ...
3. S11G0867. KUNZ et al. v. BAILEY et al. (01/09/2012)
Final Copy 290 Ga. 361 S11G0867. KUNZ et al. v. BAILEY et al. BENHAM, Justice. Appellants Robert and Royce Kunz are the biological paternal grandparents of the child born to appellee Carrie Jean Bail...
4. S11A1296. YOUNG v. THE STATE (01/09/2012)
Final Copy 290 Ga. 441 S11A1296. YOUNG v. THE STATE. THOMPSON, Justice. Appellant Kareem K. Young was convicted of felony murder and other offenses in connection with the death of Arkeem Lavan Young.1...
5. S11A1298. THOMAS v. OFFICE OF THE FULTON COUNTY ATTORNEY et al. (01/09/2012)
In the Supreme Court of Georgia Decided: January 9, 2012 S11A1298. KEITH THOMAS v. OFFICE OF THE FULTON COUNTY ATTORNEY et al. NAHMIAS, Justice. The judgment of the court below is affirmed without ...
6. S11A1315. PRINE, CAVEATOR v. BLANTON et al., EXECUTORS (01/09/2012)
Final Copy 290 Ga. 307 S11A1315. PRINE v. BLANTON et al. HUNSTEIN, Chief Justice. Debra Prine filed a caveat challenging the validity of her father's will on the grounds that he lacked testamentary c...
7. S11A1364. JEFFERS v. THE STATE (01/09/2012)
Final Copy 290 Ga. 311 S11A1364. JEFFERS v. THE STATE. THOMPSON, Justice. Appellant Eliot Ellorton Jeffers was convicted of malice murder and other related offenses in connection with the stabbing dea...
8. S11A1369. ARPAD v. EASTOVER WATERWORKS, LLC et al. (01/09/2012)
In the Supreme Court of Georgia Decided: January 9, 2012 S11A1369. ARPAD v. EASTOVER WATERWORKS, LLC et al. Hines, Justice. The judgment of the court below is affirmed without opinion pursuant to S...
9. S11A1401. DRST HOLDINGS LTD. v. BROWN, SHERIFF (01/09/2012)
Final Copy 290 Ga. 317 S11A1401. DRST HOLDINGS, LTD. v. BROWN. CARLEY, Presiding Justice. On October 28, 2005, after a tax sale of real property known as 723 Arbor Hill Drive, DeKalb County, Georgia,...
10. S11A1406. SANDERS v. THE STATE (01/09/2012)
Final Copy 290 Ga. 445 S11A1406. SANDERS v. THE STATE. HUNSTEIN, Chief Justice. A jury convicted Richard Sanders of murder in the drive-by shooting of Demetrius Pearson.1 Sanders contends that he did...
11. S11A1409. DUNCAN v. FRAZIER, WARDEN (01/09/2012)
Final Copy 290 Ga. 319 S11A1409. DUNCAN v. FRAZIER. HUNSTEIN, Chief Justice. We granted Keith Duncan a certificate of probable cause to appeal the habeas court's denial of his motion to transfer his h...
12. S11A1463. WILKIE v. THE STATE (01/09/2012)
Final Copy 290 Ga. 450 S11A1463. WILKIE v. THE STATE. CARLEY, Presiding Justice. On September 26, 2005, Allen Morris was fatally shot with a crossbow, and Timothy Leroy Wilkie was arrested as a resul...
13. S11A1469. BROWN v. THE STATE (01/09/2012)
Final Copy 290 Ga. 321 S11A1469. BROWN v. THE STATE. THOMPSON, Justice. Appellant Wilbert Brown appeals from the trial court's denial of his motion for out-of-time appeal. For the reasons that follow...
14. S11A1485. FARRIS v. THE STATE (01/09/2012)
Final Copy 290 Ga. 323 S11A1485. FARRIS v. THE STATE. BENHAM, Justice. Appellant Joe Lee Farris was convicted and sentenced for the malice murder and armed robbery of Olugbenga Ikuesan in Gwinnett Co...
15. S11A1502. BOARD OF COMMISSIONERS OF MILLER COUNTY et al. v. CALLAN et al. (01/09/2012)
Final Copy 290 Ga. 327 S11A1502. BOARD OF COMMISSIONERS OF MILLER COUNTY et al. v. CALLAN et al. CARLEY, Presiding Justice. The Board of Commissioners of Miller County (Board) was created by Ga. L. 1...
16. S11A1516. CAMERON v. THE STATE (01/09/2012)
Final Copy 290 Ga. 334 S11A1516. CAMERON v. THE STATE. BENHAM, Justice. Appellant Milton Cameron was convicted of murder and other charges, and sentenced to life in prison on December 18, 2008. Almos...
17. S11A1537. PARKER, CAVEATOR v. KELLEY, PROPOUNDER (01/09/2012)
Final Copy 290 Ga. 454 S11A1537. PARKER v. KELLEY. CARLEY, Presiding Justice. Mabel Frances White (Testatrix) died while domiciled in Fulton County. She was not married and had no children. Testatrix...
18. S11F1586. SHAW v. SHAW (01/09/2012)
Final Copy 290 Ga. 354 S11F1586. SHAW v. SHAW. CARLEY, Presiding Justice. Janette E. Shaw (Wife) and William D. Shaw (Husband) were married on June 28, 1968, and lived together until their separatio...
19. S11A1656. WORD v. STIDHAM et al. (01/09/2012)
In the Supreme Court of Georgia Decided: January 9, 2012 S11A1656. WORD v. STIDHAM. NAHMIAS, Justice. The judgment of the court below is affirmed without opinion pursuant to Supreme Court Rule 59. ...
20. S11A1725. FULLWOOD v. THE STATE (01/09/2012)
Final Copy 290 Ga. 335 S11A1725. FULLWOOD v. THE STATE. HINES, Justice. This Court granted defendant Stacy Fullwood a certificate of probable cause to appeal an order of the Superior Court of Crisp C...
21. S11A1748. ELLIS et al. v. CALDWELL (01/09/2012)
Final Copy 290 Ga. 336 S11A1748. ELLIS et al. v. CALDWELL. THOMPSON, Justice. Appellants Burrell Ellis, DeKalb County CEO, and Eddie O'Brien, Fire Rescue Chief of DeKalb County (collectively, "the Co...
22. S11F1804. FINKLEA v. FINKLEA (01/09/2012)
Final Copy 290 Ga. 357 S11F1804. FINKLEA v. FINKLEA. NAHMIAS, Justice. On April 4, 2011, the trial court entered a final judgment in the divorce action filed by appellant Leslie Finklea ("Wife") aga...
23. S11F1856. JOHNSON v. JOHNSON (01/09/2012)
Final Copy 290 Ga. 359 S11F1856. JOHNSON v. JOHNSON. BENHAM, Justice. The marriage of appellant Roy Johnson ("Father") and appellee Ping Hu Johnson ("Mother") ended with the entry of a judgment and de...
24. S11A1862. VASQUEZ v. THE STATE (01/09/2012)
Final Copy 290 Ga. 340 S11A1862. VASQUEZ v. THE STATE. NAHMIAS, Justice. Appellant Abraham Alonso Alcaraz Vasquez challenges his guilty plea to two counts of malice murder. We affirm. On December 1, 2...
25. S11A1886. CARRUTH v. THE STATE (01/09/2012)
Final Copy 290 Ga. 342 S11A1886. CARRUTH v. THE STATE. THOMPSON, Justice. Appellant Terrence Carruth was convicted of malice murder and other related offenses in connection with the stabbing death of...
26. S11A1896. BRANHAM v. BRANHAM (01/09/2012)
Final Copy 290 Ga. 349 S11A1896. BRANHAM v. BRANHAM. MELTON, Justice. Jenny Mae Nicholson f/k/a Branham (Wife) and William R. Branham (Husband) were divorced in June 2009. Starting on July 1, 2009, t...
27. S11A1950. VAUGHN v. DAVIS (01/09/2012)
Final Copy 290 Ga. 351 S11A1950. VAUGHN v. DAVIS. MELTON, Justice. Michelle Vaughn (Wife) and David Davis (Husband) were divorced on November 24, 2004, and they received joint legal and physical cust...
28. S11A1971. HAGAN v. THE STATE (01/09/2012)
Final Copy 290 Ga. 353 S11A1971. HAGAN v. THE STATE. NAHMIAS, Justice. Appellant Terry Hagan appeals from the trial court's denial of what he styled "An Extraordinary Motion to Withdraw Guilty Plea."...
29. S12A0097. PRIDGETT v. THE STATE (01/09/2012)
Final Copy 290 Ga. 365 S12A0097. PRIDGETT v. THE STATE. BENHAM, Justice. Appellant Jamaal Marquez Pridgett was convicted of the malice murder of Jerome Glover; the aggravated assaults of Martec Barkle...
30. S11Y1433. IN THE MATTER OF JAMES B. JOHNSON, JR. (01/09/2012)
Final Copy 290 Ga. 364 S11Y1433. IN THE MATTER OF JAMES B. JOHNSON, JR. PER CURIAM. This matter is before the Court on the Notice of Discipline filed by the State Bar against Respondent James B. John...
31. S12Y0103. IN THE MATTER OF JOSEPH A. MACCIONE (01/09/2012)
Final Copy 290 Ga. 367 S12Y0103. IN THE MATTER OF JOSEPH A. MACCIONE. PER CURIAM. This Court previously rejected a petition for voluntary discipline filed by Joseph A. Maccione (State Bar No. 462925)...
32. S12Y0125. IN THE MATTER OF KOTA CHALFANT SUTTLE (01/09/2012)
Final Copy 290 Ga. 368 S12Y0125. IN THE MATTER OF KOTA CHALFANT SUTTLE. PER CURIAM. This disciplinary matter is before the Court on a Notice of Discipline seeking the disbarment of Kota Chalfant Sutt...
33. S12Y0211. IN THE MATTER OF PAUL LAWRENCE ERICKSON (01/09/2012)
Final Copy 290 Ga. 369 S12Y0211. IN THE MATTER OF PAUL LAWRENCE ERICKSON. PER CURIAM. In this reciprocal discipline case the Review Panel issued its Report and Recommendation recommending that Paul L...
34. S12Y0220. IN THE MATTER OF JOHN STEPHEN OLCZAK (01/09/2012)
Final Copy 290 Ga. 371 S12Y0220. IN THE MATTER OF JOHN STEPHEN OLCZAK. PER CURIAM. John Stephen Olczak, a member of the State Bar of Georgia since 2000,1 has filed a petition for voluntary discipline...
35. S12Y0330. IN THE MATTER OF JAMES MICHAEL GREEN (01/09/2012)
Final Copy 290 Ga. 372 S12Y0330. IN THE MATTER OF JAMES MICHAEL GREEN. PER CURIAM. This disciplinary matter is before the Court on the petition of James Michael Green (State Bar No. 306956) for volun...
36. S12Y0379. IN THE MATTER OF PARMESH N. DIXIT (01/23/2012)
Final Copy 290 Ga. 373 S12Y0379. IN THE MATTER OF PARMESH N. DIXIT. PER CURIAM. This disciplinary matter is before the Court on the petition for voluntary surrender of license filed by Respondent Parm...
37. January 23, 2012 - SUMMARIES for NOTEWORTHY OPINIONS (01/23/2012)
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...
38. S11A1281. MILINAVICIUS v. THE STATE (01/23/2012)
Final Copy 290 Ga. 374 S11A1281. MILINAVICIUS v. THE STATE. BENHAM, Justice. On July 26, 2007, the police were called to the business of appellant Rolandas Milinavicius in East Point (Fulton County),...
39. S11A1316. BAGWELL v. BAGWELL (01/23/2012)
Final Copy 290 Ga. 378 S11A1316. BAGWELL v. BAGWELL. HINES, Justice. This Court granted Jennifer Bagwell's ("Wife") application for interlocutory appeal to determine whether the Superior Court of Hal...
40. S11A1327. JOHNSON v. THE STATE (01/23/2012)
Final Copy 290 Ga. 531 S11A1327. JOHNSON v. THE STATE. HINES, Justice. Melvin Lee Johnson appeals from the trial court's denial of his motion in arrest of judgment. For the reasons that follow, we aff...
41. S11A1479. JOHNSON v. THE STATE (01/23/2012)
Final Copy 290 Ga. 382 S11A1479. JOHNSON v. THE STATE. HINES, Justice. Malcolm Taurean Johnson appeals his convictions for malice murder, aggravated assault, and possession of a firearm or knife duri...
42. S11A1550. GROSSI CONSULTING, LLC et al. v. STERLING CURRENCY GROUP, LLC, d/b/a DINARBANKER.COM (01/23/2012)
Final Copy 290 Ga. 386 S11A1550. GROSSI CONSULTING, LLC et al. v. STERLING CURRENCY GROUP, LLC. THOMPSON, Justice. Appellants Grossi Consulting and its principal, Stefano Grossi (jointly "Grossi"), ap...
43. S11A1611. MUTAZZ v. THE STATE (01/23/2012)
Final Copy 290 Ga. 389 S11A1611. MUTAZZ v. THE STATE. CARLEY, Presiding Justice. Appellant Said Mutazz and his co-indictee Walter Geter were charged with the malice and felony murder of Dontavious Wy...
45. S11A1709. ROGERS v. THE STATE (01/23/2012)
Final Copy 290 Ga. 401 S11A1709. ROGERS v. THE STATE. CARLEY, Presiding Justice. Appellant Eric Rogers was indicted for the malice and felony murders of Mark Birmingham and Darnell Patterson. The tri...
46. S11A1827. BUTLER v. THE STATE (01/23/2012)
Final Copy 290 Ga. 412 S11A1827. BUTLER v. THE STATE. CARLEY, Presiding Justice. After a jury trial, Appellant Willie Bernard Butler, Jr. and his co-defendant Martin Holmes were found guilty of the ma...
47. S11A1835. WILLIAMS v. THE STATE (01/23/2012)
Final Copy 290 Ga. 418 S11A1835. WILLIAMS v. THE STATE. THOMPSON, Justice. Appellant Bryant Williams was found guilty of, inter alia, the malice murders of Linda Mathis, and her sister, Marlow Mathis...
48. S11A1865. DAVIS v. THE STATE (01/23/2012)
Final Copy 290 Ga. 421 S11A1865. DAVIS v. THE STATE. CARLEY, Presiding Justice. After a jury trial, Appellant Kevin Elwood Davis was found guilty of felony murder and aggravated assault. The trial co...
50. S11A1934, S11A1935. SMITH v. THE STATE (two cases) (01/23/2012)
Final Copy 290 Ga. 428 S11A1934. SMITH v. THE STATE. S11A1935. MACK v. THE STATE. BENHAM, Justice. Makayla Mack was 30 months old when she died as a result of blunt-force head trauma and strangulation...
51. S11A1951. MASON, EXECUTOR v. PHILLIPS, CAVEATOR (01/23/2012)
Final Copy 290 Ga. 433 S11A1951. MASON v. PHILLIPS. HUNSTEIN, Chief Justice. William J. Mason appeals the probate court's order denying his petition to probate the will of Frances E. Hobbs. The issue...
52. S11A1977. DEFOOR, ADMINISTRATOR et al. v. DEFOOR (01/23/2012)
Final Copy 290 Ga. 540 S11A1977. DEFOOR et al. v. DEFOOR. THOMPSON, Justice. Flint Timber Company, a developer, approached Larry DeFoor to purchase an easement on 6.5 acres of land in Ellijay, Georgia...
53. S12A0025. WILKINSON v. THE STATE (01/23/2012)
Final Copy 290 Ga. 543 S12A0025. WILKINSON v. THE STATE. THOMPSON, Justice. Appellant Ralph Wilkinson pled guilty to felony murder and was sentenced to life in prison in November 2007. On April 4, 20...
54. S12Y0221. IN THE MATTER OF LAGRANT ANTHONY (01/23/2012)
Final Copy 290 Ga. 436 S12Y0221. IN THE MATTER OF LAGRANT ANTHONY. PER CURIAM. Lagrant Anthony is a member of the State Bar of Georgia1 who was suspended from the practice of law for 18 months by this...
55. S12Y0445. IN THE MATTER OF MATTHEW MARVIN WATHEN (01/23/2012)
Final Copy 290 Ga. 438 S12Y0445. IN THE MATTER OF MATTHEW MARVIN WATHEN. PER CURIAM. This disciplinary matter is before the Court on the Report and Recommendation of the Special Master, Richard M. Mc...
56. S12Y0464. IN THE MATTER OF MILES LAMAR GAMMAGE (01/23/2012)
Final Copy 290 Ga. 440 S12Y0464. IN THE MATTER OF MILES LAMAR GAMMAGE. PER CURIAM. This disciplinary matter is before the Court on the Petition for Voluntary Surrender of License filed by Respondent ...
57. S11Z1165. IN THE MATTER OF DONALD JERRY STEIN (02/06/2012)
Final Copy 290 Ga. 435 S11Z1165. IN THE MATTER OF DONALD JERRY STEIN. P ER CURIAM . In 2000 Donald Jerry Stein pled guilty to Conspiracy to Defraud the United States and False Statements on his 1997 ...
58. February 6, 2012 - SUMMARIES for NOTEWORTHY OPINIONS (02/06/2012)
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, Febr...
59. S11G0344. GUTIERREZ v. THE STATE (02/06/2012)
Final Copy 290 Ga. 643 S11G0344. GUTIERREZ v. THE STATE. CARLEY, Presiding Justice. Francisco Gutierrez was indicted in superior court for armed robbery and other offenses even though he was 16 years...
60. S11G1047. CARDINALE v. CITY OF ATLANTA et al. (02/06/2012)
Final Copy 290 Ga. 521 S11G1047. CARDINALE v. CITY OF ATLANTA et al. HUNSTEIN, Chief Justice. Appellant Matthew Cardinale, pro se, brought an action in the trial court against appellees the City of A...
61. S11A1306. COLLIER v. THE STATE (02/06/2012)
Final Copy 290 Ga. 456 S11A1306. COLLIER v. THE STATE. MELTON, Justice. On May 10, 2005, Kelvin Collier pled guilty to trafficking in cocaine, possession of marijuana with intent to distribute, and ta...
62. S11A1358. MURPHY v. THE STATE (02/06/2012)
Final Copy 290 Ga. 459 S11A1358. MURPHY v. THE STATE. HUNSTEIN, Chief Justice. Appellant Timothy Murphy was convicted of malice murder, felony murder, and cruelty to children arising out the death of ...
63. S11G1407. THE STATE v. PRESCOTT (02/06/2012)
Final Copy 290 Ga. 528 S11G1407. THE STATE v. PRESCOTT. THOMPSON, Justice. We granted a writ of certiorari to the Court of Appeals in Prescott v. State, 309 Ga. App. 541 (710 SE2d 672) (2011), to dete...
64. S11A1431. WILLIAMS v. THE STATE (02/06/2012)
Final Copy 290 Ga. 533 S11A1431. WILLIAMS v. THE STATE. NAHMIAS, Justice. Appellant Jarnard Williams and co-defendant James Mitchell were indicted for the felony murder of Wymberly Baker, the aggravat...
65. S11A1435. ROBBINS et al., d/b/a SUPERMARKET SPECIALTY PRODUCTS v. SUPERMARKET EQUIPMENT SALES, LLC et al. (two cases) (02/06/2012)
Final Copy 290 Ga. 462 S11A1435. ROBBINS et al. v. SUPERMARKET EQUIPMENT SALES, LLC. S11A1583. SMITH v. SUPERMARKET EQUIPMENT SALES, LLC. BENHAM, Justice. Appellee Supermarket Equipment Sales, LLC (...
66. S11A1492. WALKER v. THE STATE (02/06/2012)
Final Copy 290 Ga. 467 S11A1492. WALKER v. THE STATE. MELTON, Justice. Following a jury trial, Ernest Lee Walker appeals his convictions for malice murder, felony murder, aggravated assault, possessi...
68. S11A1541. DUVALL v. THE STATE (02/06/2012)
Final Copy 290 Ga. 475 S11A1541. DUVALL v. THE STATE. NAHMIAS, Justice. Appellant Bilal Duvall appeals his convictions for malice murder and firearm possession in connection with the shooting death of...
69. S11A1551. WASHINGTON et al. v. BROWN et al. (02/06/2012)
Final Copy 290 Ga. 477 S11A1551. WASHINGTON et al. v. BROWN et al. MELTON, Justice. In 1962, Joseph Washington purchased 1.735 acres of land in rural McIntosh County where he and his wife live today....
70. S11A1617. HATLEY v. THE STATE (02/06/2012)
Final Copy 290 Ga. 480 S11A1617. HATLEY v. THE STATE. THOMPSON, Justice. Appellant Johnny Martin Hatley was convicted of aggravated child molestation, aggravated sodomy, and two counts of sexual batte...
71. S11A1663. NEAL v. THE STATE 2-27-12 Substitute opinion issued. (02/06/2012)
SUPREME COURT OF GEORGIA Case No. S11A1663 Atlanta February 27, 2012 The Honorable Supreme Court met pursuant to adjournment. The following order was passed: EUGENE NEAL v. THE STATE On February 6...
72. S11A1689. BOYD et al. v. JOHNGALT HOLDINGS, LLC et al. 3-5-12 Substitute opinion issued. (02/06/2012)
Final Copy 290 Ga. 658 S11A1689. BOYD et al. v. JOHNGALT HOLDINGS, LLC et al. MELTON, Justice. Pursuant to a tax sale, JohnGalt Holdings, LLC, purported to gain ownership of certain real property loc...
73. S11A1775. DUKES v. THE STATE (02/06/2012)
Final Copy 290 Ga. 486 S11A1775. DUKES v. THE STATE. MELTON, Justice. Following his conviction for the malice murder, felony murder, and aggravated assault of Demetric Johnson, Brian Dukes appeals, c...
74. S11A1899. MITCHELL v. THE STATE (02/06/2012)
Final Copy 290 Ga. 490 S11A1899. MITCHELL v. THE STATE. NAHMIAS, Justice. Appellant James Mitchell and co-defendant Jarnard Williams were indicted for the felony murder of Wymberly Baker, the aggrava...
75. S11A1914. HILL v. THE STATE (02/06/2012)
Final Copy 290 Ga. 493 S11A1914. HILL v. THE STATE. CARLEY, Presiding Justice. Benjamin Tinno Hill was indicted for the malice murder of Tommy Lee Head, an alternative count of felony murder during t...
76. S11A1917. INGRAM v. THE STATE (02/06/2012)
Final Copy 290 Ga. 500 S11A1917. INGRAM v. THE STATE. CARLEY, Presiding Justice. After a jury trial, Appellant Herman Ingram was found guilty of felony murder, aggravated assault, and possession of a...
77. S11A1946. COLLINS v. THE STATE (02/06/2012)
Final Copy 290 Ga. 505 S11A1946. COLLINS v. THE STATE. NAHMIAS, Justice. Appellant Kenyatti Collins appeals his conviction for the murder of Alton Durden. We affirm.1 1. The evidence at trial, viewed ...
78. S11A1960. FINAL EXIT NETWORK, INC., et al. v. STATE OF GEORGIA (02/06/2012)
Final Copy 290 Ga. 508 S11A1960. FINAL EXIT NETWORK, INC. et al. v. STATE OF GEORGIA. THOMPSON, Justice. In 1994, the Georgia legislature enacted OCGA ...
79. S11A1970. WALKER, WARDEN v. HAGINS (02/06/2012)
Final Copy 290 Ga. 512 S11A1970. WALKER v. HAGINS. CARLEY, Presiding Justice. Following a jury trial on May 30, 2003, Robert Lavon Hagins was convicted of voluntary manslaughter and sentenced to 20 y...
80. S11A1972. GIBSON v. THE STATE (02/06/2012)
Final Copy 290 Ga. 516 S11A1972. GIBSON v. THE STATE. BENHAM, Justice. Patrick Gibson, pro se, appeals from the trial court's denial of his motion for out-of-time appeal. For reasons that follow, we a...
81. S11F1978. HAMMOND v. HAMMOND (02/06/2012)
Final Copy 290 Ga. 518 S11F1978. HAMMOND v. HAMMOND. THOMPSON, Justice. In this divorce case, wife asserts, inter alia, the trial court erred in calculating wife's interest in husband's pension and in...
82. S12Y0310. IN THE MATTER OF VALERIE BROWN-WILLIAMS (02/27/2012)
Final Copy 290 Ga. 530 S12Y0310. IN THE MATTER OF VALERIE BROWN-WILLIAMS. PER CURIAM. This matter is before the Court on the petition for voluntary discipline filed by Valerie Brown-Williams (State B...
83. S11G1069. CROWE v. ELDER (02/27/2012)
Final Copy 290 Ga. 686 S11G1069. CROWE v. ELDER. HINES, Justice. This Court granted certiorari to the Court of Appeals in Crowe v. Elder, 308 Ga. App. 529 (707 SE2d 494) (2011) ("Crowe II"), to consid...
84. S11G1201. GEORGIA DEPARTMENT OF COMMUNITY HEALTH et al. v. GEORGIA SOCIETY OF AMBULATORY SURGERY CENTERS (02/27/2012)
Final Copy 290 Ga. 628 S11G1201. GEORGIA DEPARTMENT OF COMMUNITY HEALTH et al. v. GEORGIA SOCIETY OF AMBULATORY SURGERY CENTERS. CARLEY, Presiding Justice. Under OCGA ...
85. S11A1468. CHASE MANHATTAN MORTGAGE CORPORATION et al. v. SHELTON et al. (02/27/2012)
Final Copy 290 Ga. 544 S11A1468. CHASE MANHATTAN MORTGAGE CORPORATION et al. v. SHELTON et al. NAHMIAS, Justice. This appeal involves title to a house and lot in a residential subdivision in Forsyth...
86. S11F1506. ELLIS v. ELLIS (02/27/2012)
Final Copy 290 Ga. 616 S11F1506. ELLIS v. ELLIS. HUNSTEIN, Chief Justice. Appellant Karen W. Ellis ("Wife") appeals the Final Order in her divorce action against Appellee Marlon Ellis ("Husband") on ...
87. S11A1532. EDGE v. EDGE (02/27/2012)
Final Copy 290 Ga. 551 S11A1532. EDGE v. EDGE. MELTON, Justice. Mark Anthony Edge (Husband) and Marilyn K. Edge (Wife) were divorced on December 19, 2007. On March 17, 2008, Husband filed a complaint ...
88. S11A1614. ARMOUR v. THE STATE (02/27/2012)
Final Copy 290 Ga. 553 S11A1614. ARMOUR v. THE STATE. NAHMIAS, Justice. Appellant Demarcus Armour challenges his convictions for malice murder and other crimes in connection with the shooting death of...
89. S11A1645. OWENS et al. v. CITY OF GREENVILLE et al. (02/27/2012)
Final Copy 290 Ga. 557 S11A1645. OWENS et al. v. CITY OF GREENVILLE et al. MELTON, Justice. At the beginning of January 2008, James Bray was sworn into office as Mayor of the City of Greenville foll...
90. S11A1705. JAMES v. INTOWN VENTURES, LLC (02/27/2012)
Final Copy 290 Ga. 813 S11A1705. JAMES v. INTOWN VENTURES, LLC. THOMPSON, Justice. Appellant Rita James appeals from the trial court's order granting partial summary judgment in favor of appellee Int...
91. S11A1755. MAXWELL v. THE STATE (02/27/2012)
Final Copy 290 Ga. 574 S11A1755. MAXWELL v. THE STATE. BENHAM, Justice. On December 11, 2008, after having an argument with the victims, appellant Eric Maxwell shot and killed Vincente Baker, shot and...
92. S11A1829. JONES v. THE STATE (02/27/2012)
Final Copy 290 Ga. 576 S11A1829. JONES v. THE STATE. NAHMIAS, Justice. Appellant Thomas Jones challenges his convictions for malice murder and other offenses stemming from the shooting death of Julius...
93. S11A1850. NEWKIRK v. THE STATE (02/27/2012)
Final Copy 290 Ga. 581 S11A1850. NEWKIRK v. THE STATE. HUNSTEIN, Chief Justice. A jury convicted Harry R. Newkirk of felony murder, armed robbery, and possession of a firearm during the commission of ...
94. S11A1883. DAVIS v. THE STATE (02/27/2012)
Final Copy 290 Ga. 584 S11A1883. DAVIS v. THE STATE. BENHAM, Justice. Appellant Mark S. Davis was convicted of felony murder for the November 27, 2008, death of the victim Roy Robinson.1 He appeals fr...
95. S11A1909. PHAN v. THE STATE (02/27/2012)
Final Copy 290 Ga. 588 S11A1909. PHAN v. THE STATE. HUNSTEIN, Chief Justice. This murder case, in which the State seeks the death penalty, returns to us for a second pre-trial appeal in which we must...
96. S11A1910. FOSTER v. THE STATE (02/27/2012)
Final Copy 290 Ga. 599 S11A1910. FOSTER v. THE STATE. BENHAM, Justice. Appellant Andrew Markus Foster was convicted of the felony murder of Waylon George, with conspiracy to commit armed robbery as t...
97. S11A1929. CHEDDERSINGH v. THE STATE (02/27/2012)
Final Copy 290 Ga. 680 S11A1929. CHEDDERSINGH v. THE STATE. HINES, Justice. Soniel D. Cheddersingh appeals his conviction for the malice murder of Michael Walker, Jr., as well as his convictions for...
98. S11A1958. ARRINGTON, SUPERINTENDENT v. COLLINS (02/27/2012)
Final Copy 290 Ga. 603 S11A1958. ARRINGTON v. COLLINS. HINES, Justice. This is an appeal by the warden from the grant of criminal defendant Terry Collins's application for writ of habeas corpus. The ...
99. S11F1975. BROGDON v. BROGDON (02/27/2012)
Final Copy 290 Ga. 618 S11F1975. BROGDON v. BROGDON. NAHMIAS, Justice. We granted this application for discretionary appeal under Supreme Court Rule 34 (4), by which we grant every "application . . . ...
100. S11A1979. ALVELO v. THE STATE (02/27/2012)
Final Copy 290 Ga. 609 S11A1979. ALVELO v. THE STATE. BENHAM, Justice. Appellant Stephen Alvelo was convicted of the malice murder of Walter Cooper, the aggravated assaults and false imprisonments o...