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McELRATH v. STATE

S22A0605.

905 S.E.2d 654 (2024)

McELRATH v. The STATE.

Supreme Court of Georgia.

Decided: August 13, 2024.

Attorney(s) appearing for the Case

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

Ross Warren Bergethon, Deputy Solicitor-General, Patricia B. Attaway Burton, Deputy Attorney General, Christopher M. Carr, Attorney General, Meghan Hobbs Hill, Assistant Attorney General, Stephen John Petrany, Solicitor-General, Paula Khristian Smith, Senior Assistant Attorney General, Department of Law, 40 Capitol Square, SW, Atlanta, Georgia 30334, Flynn Duncan Broady Jr., Linda Jeanne Dunikoski, A.D.A., Stephanie Adrean Green, Senior A.D.A., Cobb County District Attorney's Office, 70 Haynes Street, Suite 300, Marietta, Georgia 30090, Paul Richard Draper, Deputy Solicitor-General, Georgia Department of Law, 40 Capitol Square SW, Atlanta, Georgia 30334, for Appellee.

In 2017, a jury found Damian Cornell McElrath guilty but mentally ill of the felony murder of his adoptive mother, Diane. The same jury also found McElrath not guilty of the malice murder of Diane by reason of insanity. On appeal, we concluded that those two verdicts were repugnant. See McElrath v. State, 308 Ga. 104, 839...

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