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McElrath v. Georgia

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Supreme Court of the United States
McElrath v. Georgia
Term: 2023
Important Dates
Argued: November 28, 2023
Decided: February 21, 2024
Outcome
reversed and remanded
Vote
9-0
Majority
Chief Justice John Roberts • Clarence Thomas • Samuel Alito • Sonia Sotomayor • Elena Kagan • Neil Gorsuch • Brett Kavanaugh • Amy Coney Barrett • Ketanji Brown Jackson
Concurring
Samuel Alito

McElrath v. Georgia is a case that was decided by the Supreme Court of the United States on February 21, 2024, during the court's October 2023-2024 term. The case was argued before the Supreme Court of the United States on November 28, 2023.

In a 9-0 opinion, the court reversed and remanded the judgment of the Georgia Supreme Court, holding that the jury's verdict that McElrath was not guilty of malice murder by reason of insanity counted as an acquittal for the purposes of double jeopardy. Therefore, he cannot have a retrial for that charge.[1] Click here for more information about the ruling.

HIGHLIGHTS
  • The issue: The case concerned the Double Jeopardy Clause of the Fifth Amendment. Click here to learn more about the case's background.
  • The questions presented: "Does the Double Jeopardy Clause of the Fifth Amendment prohibit a second prosecution for a crime of which a defendant was previously acquitted?"[2]
  • The outcome: In a 9-0 opinion, the court reversed and remanded the judgment of the Georgia Supreme Court, holding that the jury's verdict that McElrath was not guilty of malice murder by reason of insanity counted as an acquittal for the purposes of double jeopardy. Therefore, he cannot have a retrial for that charge.[1]


    • The case came on a writ of certiorari to the Georgia Supreme Court. To review the lower court's opinion, click here.

    Timeline

    The following timeline details key events in this case:

    • February 21, 2024: In a unanimous opinion, the court reversed and remanded the judgment of the Georgia Supreme Court.
    • November 28, 2023: The U.S. Supreme Court heard oral argument.
    • June 30, 2023: The U.S. Supreme Court agreed to hear the case.
    • April 14, 2023: Damian McElrath, the petitioner, appealed to the U.S. Supreme Court.
    • November 2, 2022: The Georgia Supreme Court affirmed the lower court's ruling.

    Background

    In 2017, Damian McElrath was tried for aggravated assault, felony murder, and malice murder against his mother, Diane McElrath. By the reason of insanity, his jury found him not guilty of malice murder and guilty but mentally ill of felony murder and aggravated assault.[3]

    McElrath appealed his judgment to the Supreme Court of Georgia, arguing for the verdicts to be reversed or vacated because they were repugnant under Georgia law. Under Georgia law, repugnant verdicts occur when the jury must present verdicts that are both logically and legally impossible. In such a case, both verdicts have to be vacated and remanded for a new trial. The Georgia Supreme Court concluded that McElrath’s judgment of guilty but mentally ill and not guilty by reason of insanity are repugnant, vacated the judgments, and remanded the case for a new trial on both charges.[3][4][5]

    In his remanded trial, McElrath argued that the Double Jeopardy Clause prevented Georgia from trying him again for the malice murder charge because he had been found not guilty in his first trial. The trial court denied this motion, and McElrath returned to the Georgia Supreme Court to appeal that decision. The Georgia Supreme Court affirmed the decision of the trial court to deny McElrath’s motion, concluding that repugnant verdicts do not prevent a retrial because they are similar to mistrials, where a jury is unable to reach a verdict. Therefore, they held that the Double-Jeopardy Clause does not bar McElrath from being tried again for his malice murder charge, even if he was found not guilty in a previous trial. In McElrath v. Georgia, the Supreme Court will determine if the Double Jeopardy Clause of the Fifth Amendment bars a second prosecution of an already acquitted defendant.[3]

    Questions presented

    The petitioner presented the following questions to the court:[2]

    Questions presented:
    “ Does the Double Jeopardy Clause of the Fifth Amendment prohibit a second prosecution for a crime of which a defendant was previously acquitted?

    [6]

    		”

    Oral argument

    Audio

    Audio of oral argument:[7]




    Transcript

    Transcript of oral argument:[8]

    Outcome

    In a 9-0 opinion, the court reversed and remanded the judgment of the Georgia Supreme Court, holding that the jury's verdict that McElrath was not guilty of malice murder by reason of insanity counted as an acquittal for the purposes of double jeopardy. Therefore, he cannot have a retrial for that charge. Justice Ketanji Brown Jackson delivered the opinion of the court.[1]

    Opinion

    In the court's majority opinion, Justice Ketanji Brown Jackson wrote:[1]

    “

    For double jeopardy purposes, a jury’s determination that a defendant is not guilty by reason of insanity is a conclusion that 'criminal culpability had not been established,' just as much as any other form of acquittal. Burks v. United States, 437 U. S. 1, 10 (1978). Such a verdict reflects 'that the Government ha[s] failed to come forward with sufficient proof of [a defendant’s] capacity to be responsible for criminal acts.'[6]

    		”
    —Justice Ketanji Brown Jackson

    Concurring opinion

    Justice Samuel Alito filed a concurring opinion.

    In his concurring opinion, Justice Alito wrote:[1]

    “

    I join the opinion of the Court but write to clarify my understanding of what we have held. In this case, there was indisputably an acquittal on the malice-murder charge. The jury returned a not-guilty verdict on that count, the trial judge entered a judgment of acquittal on that count, and petitioner appealed that part of the judgment. Because the Constitution does not permit appellate review of an acquittal, the State Supreme Court’s decision must be reversed. As I understand it, our holding extends no further.[6]

    		”
    —Justice Samuel Alito

    Text of the opinion

    Read the full opinion here.


    October term 2023-2024

    See also: Supreme Court cases, October term 2023-2024

    The Supreme Court began hearing cases for the term on October 2, 2023. The court's yearly term begins on the first Monday in October and lasts until the first Monday in October the following year. The court generally releases the majority of its decisions in mid-June.[9]


    See also

    External links

    Footnotes

    1. ↑ 1.0 1.1 1.2 1.3 1.4 U.S. Supreme Court, "McElrath v. Georgia," accessed February 21, 2024
    2. ↑ 2.0 2.1 United States Supreme Court, "22-721 McELRATH V. GEORGIA," accessed June 30, 2023
    3. ↑ 3.0 3.1 3.2 U.S. Supreme Court, "Damian Mcelrath v. State of Georgia, On Petition for a Writ of Certiorari to the Supreme Court of the State of Georgia" certiorari granted June 30, 2023
    4. ↑ Casetext, "McElrath v. State," published November 2, 2022
    5. ↑ Oyez, "McElrath v. Georgia," accessed July 14, 2023
    6. ↑ 6.0 6.1 6.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    7. ↑ Supreme Court of the United States, "Oral Argument - Audio," argued November 28, 2023
    8. ↑ Supreme Court of the United States, "Oral Argument - Transcript," argued November 28, 2023
    9. ↑ SupremeCourt.gov, "The Supreme Court at Work: The Term and Caseload," accessed January 24, 2022
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