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McElrath v Georgia

601 U.S. 87 (2024)
JurisdictionUnited States
CourtUS Supreme Court
Year2024
StatusBinding authority

Summary

An acquittal by reason of insanity in Georgia constitutes a true acquittal under the Double Jeopardy Clause, precluding retrial even where the jury returned an inconsistent 'repudiation' verdict on another count.

Key Principle

Double Jeopardy; acquittal by reason of insanity precludes retrial; Georgia repudiation verdict error

Area of Law

criminal

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Appellate court must itself assess whether jury verdict was unreasonable where unchallenged opportunity evidence raised reasonable doubt as to guilt.

Smethurst v Commissioner of Police (2020) 272 CLR 177

Search warrant executed at journalist's home held invalid for technical defects; High Court considered scope of implied freedom of political communication but declined to quash the warrant on that basis.

De Silva v The Queen (2019) 268 CLR 57

The High Court considered the Browne v Dunn rule and the appropriate jury directions when a party fails to cross-examine a witness on a matter it intends to contradict.

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