Recent Decisions

2023 Term Decisions of Interest to Capital Habeas Practitioners

McElgrath v. Georgia, 601 U.S. 87, 144 S.Ct. 651 (Feb. 21, 2024) The jury's verdict that McElrath was not guilty of malice murder by reason of insanity constituted an acquittal for double jeopardy purposes of malice murder notwithstanding any inconsistency with the jury's separate verdict that McGrath was "guilty but mentally ill" regarding two other counts—felony murder and aggravated assault—all of which pertained to the same underlying homicide.