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Double jeopardy clause bars Georgia from retrying man acquitted by reason of insanity

SCOTUSBlog

Share So what would you expect if a state supreme court wrote an opinion directly inconsistent with “perhaps the most fundamental rule” of the Supreme Court’s jurisprudence in the area, an opinion that would get a failing grade in any law school course on criminal law? But Georgia’s high courst saw it differently.

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Double jeopardy claim after inconsistent acquittal comes before the court

SCOTUSBlog

Georgia will take the justices back to law-school basics – the case could be a question on a law-school examination in criminal law. The state courts responded by characterizing the inconsistent verdicts as “repugnant,” vacating both verdicts, and authorizing a second trial on all counts. The facts are simple.

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SCOTUS Rules Double Jeopardy Bans Retrial of Defendant Found Non-Guilty by Reason of Insanity

Constitutional Law Reporter

Georgia , 601 U.S. _ (2024), the U.S. Supreme Court held that the State of Georgia can’t retry a defendant acquitted of murder by reason of insanity. We simply cannot know why the jury in McElrath’s case acted as it did, and the Double Jeopardy Clause forbids us to guess,” the Court held. “To Supreme Court.

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Ohio grand jury declines to charge woman with abuse of corpse after at-home miscarriage

JURIST

Watts had initially been charged with felony abuse of a corpse in October after Warren County police found the remains of her pregnancy in her toilet and trash. After the US Supreme Court’s Dobbs v. In December, the Texas Supreme Court denied Kate Cox access to an abortion, despite her pregnancy compilations.

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Beards and Brady (i.e., religious freedom and criminal procedure)

SCOTUSBlog

Muslim prisoner argues that Georgia corrections’ limit on beard lengths violates his religious exercise. Ward , Lester Smith maintains that the Georgia Department of Corrections is not following the Supreme Court’s 2015 decision in Holt v. After Holt , Georgia corrections allowed all inmates to grow half-inch beards.

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Off-duty Virginia police officer sentenced to 87 months for January 6 riot

JURIST

According to court documents , Robertson, 49, and co-defendent Jacob Fracker were both officers with the Rocky Mount, Virginia, Police Department and were off duty when they headed for Washington, D.C. Police officer Thomas Robertson Thursday was sentenced to 87 months in prison for his participation in the January 6 riot at the US Capitol.

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Animal rights and the First Amendment, due process and a confession of error

SCOTUSBlog

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The court denied cert on Monday. Justice Sonia Sotomayor, joined by Justices Stephen Breyer and Elena Kagan, filed an opinion dissenting from the court’s denial of summary vacatur.

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