McElrath v. Georgia, 601 U.S. ___ (2024) - Justia US Supreme …
WEBIn 2012, Damian McElrath, a young man diagnosed with multiple serious mental health disorders, killed his mother. Georgia charged McElrath with three crimes: malice murder, felony murder, and aggravated assault. At trial, McElrath asserted an insanity defense.
McElrath v. Georgia | Oyez
WEBNov 28, 2023 · In 2017, a Georgia jury found Damien McElrath guilty but mentally ill as to felony murder but not guilty by reason of insanity as to malice murder after an encounter between McElrath and his mother.
McElrath v. Georgia - Wikipedia
WEBMcElrath v. Georgia, 601 U.S. 87 (2024), is a United States Supreme Court case related to the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution. [1]
WEBCERTIORARI TO THE SUPREME COURT OF GEORGIA. No. 22–721. Argued November 28, 2023—Decided February 21, 2024. After petitioner Damian McElrath killed his mother, the State of Georgia charged him with three crimes related to her death: malice murder, felony murder, and aggravated assault.
McElrath v. Georgia - SCOTUSblog
WEBNov 28, 2023 · McElrath v. Georgia. Share. Holding: The jury’s verdict that the defendant was not guilty by reason of insanity of malice murder constituted an acquittal for double jeopardy purposes notwithstanding any inconsistency with the jury’s other verdicts. Judgment: Reversed and remanded, 9-0, in an opinion by …
Double jeopardy clause bars Georgia from retrying man acquitted …
WEBFeb 21, 2024 · McElrath involves a tragic crime in which a mentally ill defendant killed the woman who adopted him, based in part on a delusional belief that she was poisoning him. Georgia charged Damian McElrath with malice (that is, premeditated) murder, felony murder, and aggravated assault.
McElrath v. Georgia - LII / Legal Information Institute
WEBOn October 4, 2012, McElrath was formally charged with malice murder, felony murder with the underlying felony as aggravated assault, and aggravated assault in connection with the fatal stabbing of Diane. In 2016, McElrath was convicted by a judge but filed a motion for retrial in front of a jury.
McElrath v. Georgia (2024) ___U.S.___ [144 S.Ct. 651] | CCAP
WEBFeb 21, 2024 · Georgia State charged McElrath with malice murder and felony murder after he killed his mother. The jury returned a split verdict, finding McElrath not guilty by reason of insanity on the malice-murder charge and guilty but mentally ill …
McElrath v. Georgia | American Civil Liberties Union
WEBSep 13, 2023 · Summary. The Supreme Court has stated that the “most fundamental rule in the history of double jeopardy jurisprudence” is that acquittals are in-violate, no matter the reason behind them. As a result, no judge can overturn an acquittal, even if the acquittal is based on bias or mistake.
McElrath v. Georgia :: 2022 :: Supreme Court of Georgia …
WEBMcElrath v. Georgia. Annotate this Case. Justia Opinion Summary. In 2017, a jury found Damien McElrath guilty but mentally ill as to felony murder but not guilty by reason of insanity as to malice murder following a single, continuous encounter between McElrath and his mother, Diane McElrath.