In McElrath v. Georgia, 601 U.S. ____ (2024), the U.S. Supreme Court held that the State of Georgia can’t retry a defendant acquitted of murder by reason of insanity. The justices unanimously held that the jury’s verdict that Damian McElrath was not guilty of malice murder by reason of insanity constituted an acquittal for double jeopardy purposes notwithstanding any inconsistency with the jury’s other verdicts.
