The US Supreme Court unanimously ruled that Georgia cannot retry a defendant found not guilty of malice murder by reason of insanity due to double jeopardy.
The US Supreme Court has unanimously ruled that Georgia cannot retry a defendant found not guilty of malice murder by reason of insanity, even if the verdict is inconsistent with jury findings on other charges. The ruling was in the case of Damian McElrath, who was convicted and acquitted of different homicide and assault charges. The Court's decision upheld the constitutional bar against double jeopardy and emphasized the jury's authority to acquit a defendant for any reason.
February 21, 2024
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