SCOTUS Rules Double Jeopardy Bans Retrial of Defendant Found Non-Guilty by Reason of Insanity
Constitutional Law Reporter
APRIL 30, 2024
Facts of the Case 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. The court vacated both the malice-murder and felony-murder verdicts pursuant to Georgia’s so-called repugnancy doctrine, and authorized retrial.
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