Legal Opinion

McELRATH v. State

Supreme Court of Georgia

Decided February 28, 2020No. S19A1361PublishedCited by 32 opinions

1Opinion of the Court

308 Ga. 104

FINAL COPY S19A1361. MCELRATH V. THE STATE. MELTON, Chief Justice. On December 11, 2017, a jury found Damian McElrath guilty but mentally ill of the felony murder and aggravated assault of his adoptive mother, Diane, whom McElrath killed by stabbing over 50 times in a single episode.1 Based on the same episode, McElrath was also found not guilty of the malice murder of Diane by reason of insanity. McElrath now appeals, contending among other things 1 On October 4, 2012, McElrath was indicted for malice murder, felony murder predicated on aggravated assault, and aggravated assault —…

2Cases cited19 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. United States v. PowellSupreme Court of the United States · 1984
  3. Dunn v. United StatesSupreme Court of the United States · 1932
  4. Milam v. StateSupreme Court of Georgia · 1986
  5. Dumas v. StateSupreme Court of Georgia · 1996

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3Cited by32 opinions

  1. COLLINS v. THE STATE (Three Cases)Supreme Court of Georgia · 2021
  2. Hinkson v. StateSupreme Court of Georgia · 2020
  3. Middleton v. StateSupreme Court of Georgia · 2020
  4. State v. OWENS (And Vice Versa)Supreme Court of Georgia · 2021
  5. McElrath v. GeorgiaSupreme Court of the United States · 2024

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