No. 22-721October Term 2023Decided Feb 21, 2024
McElrath v. Georgia
The Supreme Court ruled that the Double Jeopardy Clause prevents a state from retrying a defendant for a crime after a jury has returned a verdict of not guilty by reason of insanity, even if that verdict was inconsistent with a guilty verdict on a different count in the same trial.
Case status
- Current stage
- Decided
- Latest event
- Decision released Feb 21, 2024
- What it's about
The Supreme Court ruled that the Double Jeopardy Clause prevents a state from retrying a defendant for a crime after a jury has returned a verdict of not guilty by reason of insanity, even if that verdict was inconsistent with a guilty verdict on a different count in the same trial.
Question presented
Does the Double Jeopardy Clause of the Fifth Amendment prohibit a second prosecution for a crime of which a defendant was previously acquitted?
- Case path
Supreme Court of Georgia / Decision released Feb 21, 2024
- Area
Decided Supreme Court case
Timing
Decided February 21, 2024
The Court released its decision 85 days after oral argument on November 28, 2023. The median for cases argued in November is 136 days.
Documents
Related cases
Grounding
- Grounding
- Primary-source trail available.
- Note
- Plain-English explainer. Official filings and opinions remain authoritative.
- Checked
- Mar 30, 2026
- Method
- Methodology