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Supreme Court: state procedural rules cannot defeat federal double jeopardy protections in McElrath v. Georgia, analysts say
Summary
Panelists on the Federal Judicial Center’s Term Talk podcast said the Court unanimously held that state procedural law cannot be used to relitigate a matter that functions as an acquittal under the federal Double Jeopardy Clause, reversing the Georgia court and barring retrial on acquitted counts.
The U.S. Supreme Court unanimously held that state procedural law cannot defeat the federal Double Jeopardy Clause, barring retrial on counts that operate as acquittals, panelists said on the Federal Judicial Center’s Term Talk podcast.
“Acquittals may not be challenged without violating the Double Jeopardy Clause,” said Laurie Levinson, summarizing the Court’s holding. The opinion, written by Justice Ketanji Brown Jackson, addressed inconsistent jury verdicts and made clear that federal double jeopardy protections constrain state courts’ attempts to relitigate counts that…
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