Supreme Court Decision Syllabus (scotus)

MCELRATH v. GEORGIA Damian McElrath was charged with malice murder, felony murder, and aggravated assault -- all related to the death of his mother.  A jury returned a split verdict.  For the malice-murder charge, finding him “not guilty by reason of insanity” and “guilty but mentally ill” to the other counts.  The Georgia Supreme Court stated that because these findings were inconsistent by finding different mental states, he should be retried under the Georgia "repugnant" doctrine.  McElrath argued he could not be re-tried because of the Fifth Amendment's protection against double jeopardy. "Held: The jury’s verdict that 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.(a) The Double Jeopardy Clause provides that “[n]o person shall . . . be subject for the same offence to be twice put in jeopardy of life or limb.” 5th Amendment. “[I]t has long been settled