No. 22-721

Damian McElrath v. Georgia

Lower Court: Georgia
Docketed: 2023-02-02
Status: Judgment Issued
Type: Paid
Amici (5)Relisted (7) Experienced Counsel
Tags: acquittal criminal-procedure criminal-prosecution double-jeopardy fifth-amendment jury-verdict prosecution repugnant-verdict repugnant-verdicts
Key Terms:
FifthAmendment
Latest Conference: 2023-06-29 (distributed 7 times)
Question Presented (AI Summary)

Does the Double Jeopardy Clause prohibit a second prosecution for a crime of which a defendant was previously acquitted?

Question Presented (from Petition)

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? ii RULE 14(B) STATEMENT The following proceedings are directly related to this case within the meaning of Rule 14.1(b)(iii): e State v. McElrath, No. 12-9-3972 (Ga. Super. Ct., Cobb Cnty.) (final order following jury verdict entered February 26, 2019; order denying double jeopardy plea in bar entered December 13, 2021). e McElrath v. State, No. S19A1361 (Ga.) Gudgment entered February 28, 2020). e McElrath v. State, No. S22A0605 (Ga.) Gudgment entered November 2, 2022).

Docket Entries

2024-03-25
Judgment and Mandate Issued.
2024-02-21
Judgment REVERSED and case REMANDED. Jackson, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/23pdf/22-721_kjfl.pdf'>opinion</a> for a unanimous Court. Alito, J, filed a concurring opinion.
2023-11-28
Argued. For petitioner: Richard A. Simpson, Washington, D. C. For respondent: Stephen J. Petrany, Solicitor General, Atlanta, Ga.
2023-11-13
2023-10-20
2023-10-20
Additional electronic materials received from the Supreme Court of Georgia.
2023-10-19
CIRCULATED
2023-10-19
Brief amicus curiae of District Attorneys’ Association of Georgia filed. (Distributed)
2023-10-17
Record requested from the Supreme Court of Georgia.
2023-10-13
2023-10-12
SET FOR ARGUMENT on Tuesday, November 28, 2023.
2023-09-05
Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
2023-09-05
Brief amicus curiae of Georgia Association of Criminal Defense Lawyers (GACDL) filed.
2023-08-29
Joint appendix filed. (Statement of costs filed)
2023-08-29
2023-07-19
Motion 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.
2023-07-10
Motion for an extension of time within which to file the briefs on the merits filed.
2023-06-30
Petition GRANTED.
2023-06-29
DISTRIBUTED for Conference of 6/29/2023.
2023-06-20
DISTRIBUTED for Conference of 6/22/2023.
2023-06-12
Rescheduled.
2023-06-12
DISTRIBUTED for Conference of 6/15/2023.
2023-06-05
Rescheduled.
2023-06-05
DISTRIBUTED for Conference of 6/8/2023.
2023-05-30
Rescheduled.
2023-05-30
DISTRIBUTED for Conference of 6/1/2023.
2023-05-22
Rescheduled.
2023-05-09
DISTRIBUTED for Conference of 5/25/2023.
2023-05-04
Electronic record received from the Supreme Court of Georgia.
2023-05-01
Record Requested.
2023-04-19
DISTRIBUTED for Conference of 5/11/2023.
2023-04-14
2023-04-05
2023-03-06
Brief amicus curiae of Georgia Association of Criminal Defense Lawyers filed.
2023-02-07
Motion to extend the time to file a response is granted and the time is extended to and including April 5, 2023.
2023-02-06
Motion to extend the time to file a response from March 6, 2023 to April 5, 2023, submitted to The Clerk.
2023-01-31
Petition for a writ of certiorari filed. (Response due March 6, 2023)

Attorneys

Damian McElrath
Richard A. SimpsonWiley Rein, LLP, Petitioner
Richard A. SimpsonWiley Rein, LLP, Petitioner
District Attorneys' Association of Georgia
Robert Wright Smith Jr.Prosecuting Attorneys' Council of Georgia, Amicus
Robert Wright Smith Jr.Prosecuting Attorneys' Council of Georgia, Amicus
Georgia
Stephen John PetranyGeorgia Department of Law, Respondent
Stephen John PetranyGeorgia Department of Law, Respondent
Georgia Association of Criminal Defense Lawyers (GACDL)
Gregory Allen WillisWillis Law Firm, PC, Amicus
Gregory Allen WillisWillis Law Firm, PC, Amicus
National Association of Criminal Defense Lawyers, American Civil Liberties Union, and American Civil Liberties Union of Georgia
Carmen Gloria Iguina GonzalezKaplan Hecker & Fink LLP, Amicus
Carmen Gloria Iguina GonzalezKaplan Hecker & Fink LLP, Amicus
State of Missouri
Joshua Michael DivineOffice of the Missouri Attorney General, Amicus
Joshua Michael DivineOffice of the Missouri Attorney General, Amicus