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Podcast: Supreme Court Decision Syllabus (SCOTUS Podcast)
Episode: McElrath v. Georgia (Double Jeopardy)
Description: Send us Fan MailMCELRATH v. GEORGIA Damian McElrath was charged with malice murder, felony murder, and aggravated assault -- all related to the death of his mother. A jury returned a split verdict. For the malice-murder charge, finding him “not guilty by reason of insanity” and “guilty but mentally ill” to the other counts. The Georgia Supreme Court stated that because these findings were inconsistent by finding different mental states, he should be retried under the Georgia "repugnant" doctrine. McElrath argued he could not be re-tried because of the Fifth Amendment's protection against double jeopardy.