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Damian McElrath v. Georgia
Paid petition · Supreme Court of Georgia, No. S22A0605 · judgment November 2, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The Georgia Supreme Court held that a jury's verdict of acquittal on one criminal charge and its verdict of guilty on a different criminal charge arising from the same facts were logically and legally impossible to reconcile. It called the verdicts "repugnant," vacated both of them, and subsequently held that the defendant could be prosecuted a second time on both charges. Does the Double Jeopardy Clause of the Fifth Amendment prohibit a second prosecution for a crime of which a defendant was previously acquitted?
Counsel of record
For petitioner
Richard A. Simpson
Wiley Rein, LLP
For respondent
Stephen John Petrany
Georgia Department of Law
Case
Conference history
Distributed for 7 conferences
Amicus briefs
1 cert-stage · 4 merits
(2 supporting pet./neither, 2 respondent)
Argument & decision
Argued November 28, 2023 — Richard A. Simpson · Stephen J. Petrany. Audio and transcript
Decided February 21, 2024. Opinion by Jackson.
Proceedings
- Mar 25 2024Judgment and Mandate Issued.
- Feb 21 2024Judgment REVERSED and case REMANDED. Jackson, J., delivered the opinion for a unanimous Court. Alito, J, filed a concurring opinion.
- Nov 28 2023Argued. For petitioner: Richard A. Simpson, Washington, D. C. For respondent: Stephen J. Petrany, Solicitor General, Atlanta, Ga.
- Nov 13 2023Reply of petitioner Damian McElrath filed. (Distributed)
- Oct 20 2023Additional electronic materials received from the Supreme Court of Georgia.
- Oct 20 2023Brief amici curiae of Missouri, et al. filed. (Distributed)
- Oct 19 2023Brief amicus curiae of District Attorneys’ Association of Georgia filed. (Distributed)
- Oct 19 2023CIRCULATED
- Oct 17 2023Record requested from the Supreme Court of Georgia.
- Oct 13 2023Brief of respondent Georgia filed.
- Oct 12 2023SET FOR ARGUMENT on Tuesday, November 28, 2023.
- Sep 05 2023Brief amicus curiae of Georgia Association of Criminal Defense Lawyers (GACDL) filed.
- Sep 05 2023Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
- Aug 29 2023Brief of petitioner Damian McElrath filed.
- Aug 29 2023Joint appendix filed. (Statement of costs filed)
- Jul 19 2023Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 29, 2023. The time to file respondent's brief on the merits is extended to and including October 13, 2023.
- Jul 10 2023Motion for an extension of time within which to file the briefs on the merits filed.
- Jun 30 2023Petition GRANTED.
- Jun 29 2023DISTRIBUTED for Conference of 6/29/2023.
- Jun 20 2023DISTRIBUTED for Conference of 6/22/2023.
- Jun 12 2023DISTRIBUTED for Conference of 6/15/2023.
- Jun 12 2023Rescheduled.
- Jun 05 2023DISTRIBUTED for Conference of 6/8/2023.
- Jun 05 2023Rescheduled.
- May 30 2023DISTRIBUTED for Conference of 6/1/2023.
- May 30 2023Rescheduled.
- May 22 2023Rescheduled.
- May 09 2023DISTRIBUTED for Conference of 5/25/2023.
- May 04 2023Electronic record received from the Supreme Court of Georgia.
- May 01 2023Record Requested.
- Apr 19 2023DISTRIBUTED for Conference of 5/11/2023.
- Apr 14 2023Reply of petitioner Damian McElrath filed.
- Apr 05 2023Brief of respondent Georgia in opposition filed.
- Mar 06 2023Brief amicus curiae of Georgia Association of Criminal Defense Lawyers filed.
- Feb 07 2023Motion to extend the time to file a response is granted and the time is extended to and including April 5, 2023.
- Feb 06 2023Motion to extend the time to file a response from March 6, 2023 to April 5, 2023, submitted to The Clerk.
- Jan 31 2023Petition for a writ of certiorari filed. (Response due March 6, 2023)