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MCELRATH v. STATE

S22A0605.

880 S.E.2d 518 (2022)

MCELRATH v. The STATE.

Supreme Court of Georgia.

Decided: November 2, 2022.

Attorney(s) appearing for the Case

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

Patricia B. Attaway Burton , Deputy Attorney General, Paula Khristian Smith , Senior Assistant Attorney General, Christopher M. Carr , Attorney General, Meghan Hobbs Hill , Assistant Attorney General, Department of Law, 40 Capitol Square, S.W., Atlanta, Georgia 30334, Linda Jeanne Dunikoski , A.D.A., Flynn Duncan Broady, Jr. , Cobb County District Attorney's Office, 70 Haynes Street, Third Floor, Marietta, Georgia 30090, Stephanie Adrean Green , Senior A.D.A., Cobb County District Attorney's Office, 70 Haynes Street, Marietta, Georgia 30090, for Appellee.

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...

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