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MCELRATH v. STATE

S19A1361.

839 S.E.2d 573 (2020)

MCELRATH v. The STATE.

Supreme Court of Georgia.

Decided: February 28, 2020.

Attorney(s) appearing for the Case

Herman Maddox Kilgore , Carlos Javier Rodriguez , Kilgore & Rodriguez, LLC, 36 Ayers Avenue NE, Marietta, Georgia 30060, Attorneys for the Appellant.

Patricia B. Attaway Burton , Deputy Attorney General, Paula Khristian Smith , Senior Assistant Attorney General, Meghan Hobbs Hill , Assistant Attorney General, Christopher M. Carr , Attorney General, Department of Law, 40 Capitol Square, S.W., Atlanta, Georgia 30334, Amelia Greeson Pray , A.D.A., D. Victor Reynolds , Joyette Marie Holmes , District Attorney, Cobb County District Attorney's Office, 70 Haynes Street, Marietta, Georgia 30090, Attorneys for the Appellee.

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

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