Not Guilty OVERTURNED?!?! - McElrath v. Georgia oral arguments | Attorney Reacts
Facts of the case
---
In 2017, a Georgia jury found Damien McElrath guilty but mentally ill as to felony murder but not guilty by reason of insanity as to malice murder after an encounter between McElrath and his mother. The trial court did not recognize the verdicts as repugnant and accepted them, but the Georgia Supreme Court held that the verdicts were repugnant and vacated the verdicts, remanding McElrath’s case for retrial. On remand, McElrath alleged that retrial was precluded on double jeopardy grounds, but the trial court denied his motion.
On a second appeal to the Georgia Supreme Court, McElrath argued that the court should have reversed rather than vacated his felony murder conviction in his previous appeal. He also challenges the trial court’s ruling on his double jeopardy claim, arguing that retrial on all of the counts is barred because the jury found him not guilty by reason of insanity on the malice murder count. The Georgia Supreme Court affirmed the lower court.
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?
Produced by Uncivil Law LLC. All Rights Reserved.
Become an UNCIVILIAN for 99 cents!: https://www.youtube.com/@uncivillaw/join
★☆★ CONTACT UNCIVIL LAW ★☆★ : https://linktr.ee/uncivillaw
★☆★ Equipment I use ★☆★: https://www.amazon.com/shop/uncivillaw/list/34X4SONFZW2G
Donate to uncivil law at ➜ https://tinyurl.com/4xufuebm
Email uncivil law at ➜ kurt@UncivilLawLLC.com
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
SwuM, Ben Belial - Reflect https://chll.to/672db1e8
-
3:02:45
UncivilLaw
5 months agoSupreme Showdown: Unpacking the United States v. Rahimi Gun Rights Battle
170 -
1:14:35
Crime Circus
15 hours agoRUDE & CRUDE in Ohio - Shannon's BACK!!! - Vera Jo Reigle - police interrogation
12.3K3 -
12:12
Fascinating Horror
22 hours agoThe Byford Dolphin Accident | Fascinating Horror
13.2K3 -
5:18
Chrissy Clark
9 hours agoBlack Kids In The Bronx Don’t Know What Computers Are?!
7.8K7 -
3:57
Michael Heaver
18 hours agoEU Makes BIZARRE Threat Against UK
11.8K6 -
11:46
RealitySurvival
8 hours agoRussia Issues Dire Warning! Tac Nukes Are On The Table!
11.3K9 -
41:56
Kimberly Guilfoyle
1 day agoFrom the Courtroom to Campus, Left-Wing Corruption Spirals Out of Control, Live with Kash Patel & Eyal Yakoby | Ep. 123
71.4K82 -
4:20:36
SNEAKO
5 hours agoSNEAKO X MYRON DESKTOP
79.1K53 -
2:25:29
Price of Reason
13 hours agoDisney TUMBLES, Gamers Win BIG, Superman DISAPPOINTS, NEW Game of Thrones Spinoff w/ Dreadroberts
16.7K -
LIVE
Jerry After Dark
10 hours agoJerry After Dark: Boston Jerathon
1,098 watching