Oral Argument: McElrath v. Georgia | Case No. 22-721 | Date Argued: 11/28/23 | Date Decided: 2/21/24

Link to Docket: Here.

Background:

The Georgia Supreme Court held that a jury's verdict of acquittal on one criminal charge and its verdict of guilty on a different criminal charge arising from the same facts were logically and legally impossible to reconcile. It called the verdicts "repugnant," vacated both of them, and subsequently held that the defendant could be prosecuted a second time on both charges.

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

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.

Result: Reversed and remanded.

Voting Breakdown: 9-0. Justice Sotomayor delivered the opinion of the Court, in which Justices Kagan, Gorsuch, Kavanaugh, and Barrett joined. Justice Jackson filed an opinion concurring in the judgment. Chief Justice Roberts filed a dissenting opinion. Justice Alito filed a dissenting opinion in which Chief Justice Roberts joined.

Link to Opinion: Here.

Oral Advocates:

• For Petitioner: Richard A. Simpson, Washington, D.C.
• For Respondent: Stephen J. Petrany, Solicitor General, Atlanta, Ga.