State v. Outen
289 Ga. 579
| Ga. | 2011Background
- Outen struck and killed Trina Heard; grand jury returned a two-count indictment against Outen.
- Count 1 tracked reckless driving statute alleging death from reckless driving under OCGA 40-6-490, with specific language about driving in reckless disregard for safety.
- Count 2 charged death by violating Failure to Maintain Lane under OCGA 40-6-48, with lane-divided roadway details.
- Outen moved for special demurrer to Count 1 for lack of specific facts; trial court granted the demurrer; State appealed; Court of Appeals affirmed.
- Georgia Supreme Court granted certiorari to review, vacated the Court of Appeals’ judgment, and remanded for proceedings.
- Issue centers on appellate jurisdiction and the proper procedure for appealing a non-final order dismissing a count in a multi-count indictment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Court of Appeals had jurisdiction to review the demurrer dismissal. | Outen | Outen | No jurisdiction; certificate required; dismissal not appealable |
| Whether the State can appeal the Count 1 dismissal under OCGA 5-7-1(a)(1) and 5-7-2. | State argues statutory right to appeal applies | State must meet strict certificate requirements | Certificate required; appeal not properly certified; jurisdiction lacks |
| Whether dismissal of a single count in a multi-count indictment is a final order for purposes of appeal. | Court of Appeals treated as final | Not final where other counts remain | Not final; cannot be directly appealed without certificate |
| Whether Tuzman and related decisions misinterpret OCGA 5-7-1 and 5-7-2 behavior for partial terminations. | Some opinions treated partial dismissals as final | Those cases misread statutory framework | Tuzman misapplied; OCGA 5-7-2 governs appealability; State’s attempt not proper |
Key Cases Cited
- In the Interest of K.R.S., 284 Ga. 853 ((2009)) (courts must inquire into their own jurisdiction)
- State v. Evans, 282 Ga. 63 ((2007)) (limited state appeal right in criminal cases; jurisdictional boundaries)
- State v. Ware, 282 Ga. 676 ((2007)) (strict construction of appeal statutes; nugatory appeals do not confer jurisdiction)
- State v. Lynch, 286 Ga. 98 ((2009)) (statutory rules govern direct vs. discretionary appeals; against liberal interpretation)
- State v. Martin, 278 Ga. 418 ((2004)) ( OCGA 5-7-2 governs review procedures; strict against state)
- State v. Tuzman, 145 Ga.App. 481 ((1978)) (misapplied reasoning; not controlling for 5-7-2 analysis)