McElrath v. Georgia Oral Argument
2023-12-07T18:28:13-05:00https://ximage.c-spanvideo.org/eyJidWNrZXQiOiJwaWN0dXJlcy5jLXNwYW52aWRlby5vcmciLCJrZXkiOiJGaWxlc1wvYmFkXC8wMDJcLzE3MDE5OTUwNDdfMDAyLmpwZyIsImVkaXRzIjp7InJlc2l6ZSI6eyJmaXQiOiJjb3ZlciIsImhlaWdodCI6NTA2fX19The Supreme Court heard oral argument in a case centering on the Fifth Amendment’s double jeopardy clause that bans being prosecuted twice for the same crime. Damian McElrath was found “not guilty” by reason of insanity for a murder charge against his mother. The jury did, however, find him “guilty but mentally ill” for aggravated battery and felony murder. Mr. McElrath’s legal team appealed to the Georgia Supreme Court, arguing the verdicts were contradictory, won. All charges, the acquittal, and the conviction were vacated. The prosecutor decided to refile charges. Mr. McElrath’s legal team opposed, arguing it violated the double jeopardy clause, but the Georgia Supreme Court disagreed. They appealed to the U.S. Supreme Court. Legal experts monitored this case closely as a ruling could impact the Fifth Amendment right against double jeopardy as well as the Sixth Amendment right to a jury trial.
The Supreme Court heard oral argument in a case centering on the Fifth Amendment’s double jeopardy clause that bans being prosecuted twice f… read more
The Supreme Court heard oral argument in a case centering on the Fifth Amendment’s double jeopardy clause that bans being prosecuted twice for the same crime. Damian McElrath was found “not guilty” by reason of insanity for a murder charge against his mother. The jury did, however, find him “guilty but mentally ill” for aggravated battery and felony murder. Mr. McElrath’s legal team appealed to the Georgia Supreme Court, arguing the verdicts were contradictory, won. All charges, the acquittal, and the conviction were vacated. The prosecutor decided to refile charges. Mr. McElrath’s legal team opposed, arguing it violated the double jeopardy clause, but the Georgia Supreme Court disagreed. They appealed to the U.S. Supreme Court. Legal experts monitored this case closely as a ruling could impact the Fifth Amendment right against double jeopardy as well as the Sixth Amendment right to a jury trial. close
People in this video
- Samuel A. Alito Jr. Associate Justice U.S. Supreme Court
- Amy Coney Barrett Associate Justice U.S. Supreme Court
- Neil Gorsuch Associate Justice U.S. Supreme Court
- Ketanji Brown Jackson Associate Justice U.S. Supreme Court
- Elena Kagan Associate Justice U.S. Supreme Court
- Brett M. Kavanaugh Associate Justice U.S. Supreme Court
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- John G. Roberts Jr. Chief Justice U.S. Supreme Court
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Richard Simpson Attorney
- Sonia Sotomayor Associate Justice U.S. Supreme Court
- Clarence Thomas Associate Justice U.S. Supreme Court
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