Justices Take Up Double Jeopardy Challenge on Acquitted Conduct

The US Supreme Court agreed to consider the scope of the Constitution’s double jeopardy clause which prevents prosecutors from trying criminal defendants twice.

The question the justices agreed to decide Friday centers on whether the prohibition applies when the defendant has been acquitted of the charges, but an appellate court later vacates that acquittal.

A Georgia jury reached a “split verdict” in finding petitioner Damian McElrath not guilty of malice murder but guilty of aggravated assault and felony murder. A state appellate court found the logically inconsistent rulings “repugnant” and ordered retrial on all claims.

The justices will consider whether ...