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McELRATH v. GEORGIA

No. 22-721.

144 S.Ct. 651 (2024)

Damian McELRATH, Petitioner v. GEORGIA.

Supreme Court of United States.

Decided February 21, 2024.

Attorney(s) appearing for the Case

Richard A. Simpson , Washington, DC, for Petitioner.

Stephen J. Petrany , Solicitor General, for Respondent.

F. Andrew Hessick , 160 Ridge Road, Chapel Hill, NC, H. Maddox Kilgore , Carlos J. Rodriguez , Kilgore & Rodriguez, LLC, 36 Ayers Avenue, Marietta, GA, Richard A. Simpson , Counsel of Record, Elizabeth E. Fisher , Wiley Rein LLP, 2050 M Street NW, Washington, DC, for Petitioner.

Christopher M. Carr , Attorney General, Stephen J. Petrany , Solicitor General, Counsel of Record, Ross W. Bergethon , Principal Deputy, Solicitor General, Justin T. Golart , James E. Barrett , Paul R. Draper , Deputy Solicitors General, Office of the Georgia Attorney General, 40 Capitol Square SW, Atlanta, GA, for Respondent.

Under Georgia law, a jury's verdict in a criminal case can be set aside if it is "repugnant"—meaning that it involves "affirmative findings by the jury that are not legally and logically possible of existing simultaneously." 308 Ga. 104, 111,...

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