State v. Outen
296 Ga. 40
Ga.2014Background
- Outen killed Trina Heard in 2007; charged in 2009 with FVH and MVH; first FVH count dismissed in 2009 and appeal failed; remittitur issued Aug 31, 2011 and filed Sept 8, 2011; second FVH indictment returned Dec 20, 2011 based on same March 21, 2007 events; statute of limitations and tolling issues at stake; Court of Appeals held §17-3-3 did not save second FVH count and that second FVH did not relate back; Supreme Court affirms in part and disagrees on relation-back analysis, upholding dismissal of second FVH.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OCGA § 17-3-3 extends the limitations period for a dismissed FVH when remittitur is filed | State argues six-month extension runs from remittitur | Outen argues extension runs from initial dismissal date | No; extension runs from first indictment quashed/nolle prosequi entry |
| Whether the second FVH indictment relates back to the first if the first was pending | State contends relation-back applies | Outen contends it broadens the charges | Not related back; it broadened and did not substantially amend the pending charge |
| Whether the second indictment added a new theory that changed the elements or evidence | State asserts continuity of charge | Outen asserts additional theory not anticipated | The second FVH count broadened beyond the pending misdemeanor charge; relation-back denied |
Key Cases Cited
- State v. Outen, 289 Ga. 579 (714 SE2d 581) (2011), 289 Ga. 579 (2011) (Outen II; interlocutory appeal procedures for dismissal)
- State v. Outen, 311 Ga. App. 378 (715 SE2d 782) (2011), 311 Ga. App. 378 (2011) (Outen III; remittitur conformity on remand)
- State v. Outen, 324 Ga. App. 457 (751 SE2d 109) (2013), 324 Ga. App. 457 (2013) (Outen IV; relation-back analysis cited by Appeals court)
- Bunn v. State, 291 Ga. 183 (728 SE2d 569) (2012), 291 Ga. 183 (2012) (affirmed Court of Appeals under right-for-any-reason doctrine)
- Roberts v. State, 279 Ga. App. 434 (631 SE2d 480) (2006), 279 Ga. App. 434 (2006) (no tolling of trial court jurisdiction while appeal pending)
- Brown v. State, 322 Ga. App. 446 (745 SE2d 699) (2013), 322 Ga. App. 446 (2013) (second indictment timing guidance; post-1998 context)
- United States v. Italiano, 894 F.2d 1282 (11th Cir. 1990), 894 F.2d 1282 (11th Cir. 1990) (relation-back principles; notice sufficiency)
- United States v. Liu, 731 F.3d 982 (9th Cir. 2013), 731 F.3d 982 (9th Cir. 2013) (broadened vs. narrowed charges; notice analysis)