McElrath v. Georgia

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
22-721	Ga.	Nov 28, 2023	Feb 21, 2024	9-0	Jackson	OT 2023

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.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Jackson on February 21, 2024. Justice Alito filed a concurring opinion.

SCOTUSblog Coverage

Double jeopardy clause bars Georgia from retrying man acquitted by reason of insanity (Ronald Mann, February 22, 2024)
Justices skeptical that double jeopardy clause allows retrial based on inconsistent verdict of acquittal (Ronald Mann, November 29, 2023)
Rick Simpson on double jeopardy (Amy Howe, November 29, 2023)
Double jeopardy claim after inconsistent acquittal comes before the court (Ronald Mann, November 27, 2023)
Major OxyContin case headlines December session (Amy Howe, November 22, 2023)
Purdue Pharma, tax cases headline December argument session (Amy Howe, October 13, 2023)
Court agrees to hear Title VII employer discrimination case (Amy Howe, June 30, 2023)
The last grants of October Term 2022? (John Elwood, June 29, 2023)

Date	Proceedings and Orders (key to color coding)
01/31/2023	Petition for a writ of certiorari filed. (Response due March 6, 2023)
02/06/2023	Motion to extend the time to file a response from March 6, 2023 to April 5, 2023, submitted to The Clerk.
02/07/2023	Motion to extend the time to file a response is granted and the time is extended to and including April 5, 2023.
03/06/2023	Brief amicus curiae of Georgia Association of Criminal Defense Lawyers filed.
04/05/2023	Brief of respondent Georgia in opposition filed.
04/14/2023	Reply of petitioner Damian McElrath filed.
04/19/2023	DISTRIBUTED for Conference of 5/11/2023.
05/01/2023	Record Requested.
05/04/2023	Electronic record received from the Supreme Court of Georgia.
05/09/2023	DISTRIBUTED for Conference of 5/25/2023.
05/22/2023	Rescheduled.
05/30/2023	DISTRIBUTED for Conference of 6/1/2023.
05/30/2023	Rescheduled.
06/05/2023	DISTRIBUTED for Conference of 6/8/2023.
06/05/2023	Rescheduled.
06/12/2023	DISTRIBUTED for Conference of 6/15/2023.
06/12/2023	Rescheduled.
06/20/2023	DISTRIBUTED for Conference of 6/22/2023.
06/29/2023	DISTRIBUTED for Conference of 6/29/2023.
06/30/2023	Petition GRANTED.
07/10/2023	Motion for an extension of time within which to file the briefs on the merits filed.
07/19/2023	Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 29, 2023. The time to file respondent's brief on the merits is extended to and including October 13, 2023.
08/29/2023	Brief of petitioner Damian McElrath filed.
08/29/2023	Joint appendix filed. (Statement of costs filed)
09/05/2023	Brief amicus curiae of Georgia Association of Criminal Defense Lawyers (GACDL) filed.
09/05/2023	Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
10/12/2023	SET FOR ARGUMENT on Tuesday, November 28, 2023.
10/13/2023	Brief of respondent Georgia filed.
10/17/2023	Record requested from the Supreme Court of Georgia.
10/19/2023	Brief amicus curiae of District Attorneys’ Association of Georgia filed. (Distributed)
10/19/2023	CIRCULATED
10/20/2023	Additional electronic materials received from the Supreme Court of Georgia.
10/20/2023	Brief amici curiae of Missouri, et al. filed. (Distributed)
11/13/2023	Reply of petitioner Damian McElrath filed. (Distributed)
11/28/2023	Argued. For petitioner: Richard A. Simpson, Washington, D. C. For respondent: Stephen J. Petrany, Solicitor General, Atlanta, Ga.
02/21/2024	Judgment REVERSED and case REMANDED. Jackson, J., delivered the opinion for a unanimous Court. Alito, J, filed a concurring opinion.
03/25/2024	Judgment and Mandate Issued.