McElrath v. State

315 Ga. 126

FINAL COPY S22A0605. MCELRATH V. THE STATE. BETHEL, Justice. This is the second appearance of Damien McElrath’s case before this Court. In 2017, a jury found McElrath guilty but mentally ill as to felony murder but not guilty by reason of insanity as to malice murder following a single, continuous encounter between McElrath and his mother, Diane McElrath. The trial court did not recognize the verdicts as repugnant and accepted them. On appeal, we held that the verdicts were repugnant, and thus we vacated the verdicts and remanded McElrath’s case for retrial. See McElrath v. State,

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