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
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