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Area issues head to Georgia Supreme Court

ATLANTA, Ga. — The Georgia Supreme Court will consider two cases from Southwest Georgia Monday, according to court officials.

In Wheeler v. the State, Martin Wheeler, who was convicted of murdering his former girlfriend, is appealing his conviction and life sentence arguing that his trial counsel was ineffective for several reasons including for not objecting when the prosecutor called Wheeler “one of the meanest SOBs in Grady County” during closing statements and that he should have called for a mistrial when Wheeler responded by standing up and “shooting birds” at the prosecutor.

Wheeler is also arguing that there was insufficient evidence to convict him because the lead agent in charge of the investigation for the GBI testified that another man had initially admitted to the murder but said it was an accident.

The state counters by saying that the evidence was more than sufficient to convict, in light of “the multiple similar transactions against the appellant, the previous acts of violence against the victim, the irrefutable DNA evidence of appellant linking him to the type of killing involved, the suspected weapon found at his residence, his lack of an explanation as to why his bodily fluids were found at the scene and the access appellant had to the victim prior to her death.”

In the second case, Goodson et al, v. Ford et al, the court will decide who has rightful use of a 60-foot-wide strip of land in Lee County.

According to the court, Arthur and Donna Ford purchased more than 38 acres in Lee County in 2000, including a strip of land that is 418 feet long by 60 feet wide. Over that strip runs a 20-foot-wide driveway from Highway 32 used by Roy and Ruth Goodson, who have owned the property to the west of the strip since 1977, and Donald and Nancy Eller, who have owned the property to the east of the strip since 1992.

Beginning in 1997, Donald Eller began operating a day lily business from his property, and he used the strip as a parking area for customers and for deliveries of materials, as well as signs identifying his business. After the Fords purchased the property, however, they asked the Goodsons to stop using the strip as a parking area.

In 2007, the Fords sued to limit their use of the land. The court appointed a “special master” — generally a lawyer appointed to assist the court in a particular case. Following a hearing, the special master issued a report in which he found that the Goodsons and Ellers had no right to the 60-foot strip beyond the 20-foot driveway. The trial court then adopted the special master’s report and ruled in favor of the Fords.

The Goodsons and Ellers appealed to the Georgia Supreme Court.

The Goodsons believe they have legal title to the complete 60-foot strip by the terms of their deed and the deeds of those who preceded them in title.

The Fords argue that the special master correctly found that the Goodsons and Ellers failed to meet the requirements for adverse possession of the entire 60-foot strip.

Comments

Justice4Moma 2 years, 5 months ago

StrongI d be happy just to get my case on the Docket here.And By the Way,I tried to get an Appt. with our police cheif again to to avail.His Sect. said i live in worth county so i cant meet with him.I pay taxes there,then at the end of the year i pay them again there for my Mother Estate.And i dont have the right to talk to him.She said i been waiting to long,since my Mother died in 2007,but i have records shoing how many time i have been to the police office to talk to him.I dont think he even is real.Or he just dont like me like the rest of the good ole boy system.Thats ok,keep on throwing my rights out the window.You ll see the sun dont shine on the same dogs a alll the time.Why are you all so scared to get my case on the docket.?Any answers from the peanutt gallery.And by the way,mr.Proctor,your Sect.She is mean.Or is that just to me also.I have tried to get APpt. with you since 2007.Whats up?Am i not the right color,do i not have enough money,do i not matter?I pay taxes there.I have rights there.

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KaosinAlbany 2 years, 5 months ago

Proctor wasn't with APD in 2007. Why don't you go on the city's website and get his email address and by pass his secretary. He will respond to you.

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Justice4Moma 2 years, 5 months ago

He has no Email,and i looked everywhere.Thanks for the advice tho.

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firefly 2 years, 5 months ago

The right color? Seriously, let's get beyond this mentality. I agree with Kaos, e-mail him with your concerns. At least then you will have a paper trail of where you tried to contact him.

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Justice4Moma 2 years, 5 months ago

I really said what i said and did not mean it as racial.But i did care to see how the remarks would go,because it is most of the time vice versa.If a Black person claim race,it goes all over,but let a white person say it and see what happens.I am not racist.I Love All people,GOD tought me that.

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chinaberry25 2 years, 5 months ago

This articlle was mostly about Lee County, so am I missing something? But your best bet would be to contact the attorney general of the state of Georgia and go from there.I for one would not want to be responsible for a business that is probably illegal in Lee County to begin using my property. My property insurance could go up or I could be sued if someone was hurt. At the very least money should be paid to the landowner because it is not a landlocked area. A driveway could be built off of Hwy 32 to go to the daylily place. They have a very big driveway themselves. The landowner is being used plain and simple. Finally do the people have the permits to be operating a business in a residential section?

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Justice4Moma 2 years, 5 months ago

Been there and done all of the above.And dont give me the bull crap about race,it does matter,and i said i have been trying to see him since 2007,that was my mistake,i started with him in 2008.But the thing i am saying is every right i have has been violated by Albany,and my Mothers rights,while she lay dead on the floor under her bed,now if you all have anything else to say go ahead.I know when im right,and when i am wrong i ll be the first to admit it.And i do have a paper trail.And a Lawyer,and it still does not get my case on the docket.I just want to know why.And at the top of the page it said Area issues.Now tell me i dont have a right to be pissed.We have corrupt Gov. Officals and all of you know it.And you are just crazy enough to vote some of them back in.Thats your Right.But i have Rights to.

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