Outler v. GeorgiaAnnotate this Case
Clifton Outler was tried by jury and convicted of murder, aggravated assault, armed robbery, and three counts of possession of a firearm during the commission of a felony, all in connection with the fatal shooting of Anthony Holmes. Outler appealed, contending: (1) the State failed to present sufficient evidence to sustain his convictions; (2) the trial court erred when it allowed a prosecuting attorney to question a witness in the presence of the jury after the witness invoked his constitutional privilege against self-incrimination; and (3) he was denied the effective assistance of counsel. Upon review of the record and the briefs, the Georgia Supreme Court found no merit in these claims of error, but the Court noted the aggravated assault should have merged with the murder and that Outler should have been convicted on only one count of possession of a firearm during the commission of a felony. Accordingly, the Court vacated the convictions for aggravated assault and two counts of possession of a firearm during the commission of a felony, but otherwise affirmed.