The US Supreme Court ruled Georgia can’t retry a man who was acquitted by reason of insanity for one charge in the murder of his adoptive mother despite conflicting verdicts on other charges.
In a unanimous decision on Wednesday, the court said the Fifth Amendment’s Double Jeopardy Clause prevents the state from retrying Damian McElrath for the crime that resulted in the not guilty verdict regardless of any inconsistency with the jury’s other verdicts.
McElrath was found not guilty of malice murder by reason of insanity for stabbing Diane McElrath over 50 times in 2012. But he was found guilty, ...
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