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McElrath v. Georgia

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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

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