SUPREME COURT OF THE UNITED STATES
Ketanji Brown Jackson
McElrath – Appellant
Versus
Georgia – Respondent
Syllabus
NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
being done in connection with this case, at the time the opinion is issued.
The syllabus constitutes no part of the opinion of the Court but has been
prepared by the Reporter of Decisions for the convenience of the reader.
See United States v. Detroit Timber & Lumber Co.,
SUPREME COURT OF THE UNITED STATES
Syllabus
MCELRATH v. GEORGIA
CERTIORARI TO THE SUPREME COURT OF GEORGIA
No. 22–721. Argued November 28, 2023—Decided February 21, 2024
After petitioner Damian McElrath killed his mother, the State of Georgia
charged him with three crimes related to her death: malice murder,
felony murder, and aggravated assault. At trial, the jury returned a
split verdict against McElrath: “not guilty by reason of insanity” with
respect to malice-murder, and “guilty but mentally ill” as to the other
counts. On appeal, the Supreme Court of Georgia determined that the
jury’s “guilty but mentally ill” verdict for felony murder was “rep
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