- Joined
- May 31, 2015
- Messages
- 7,839
- Reaction score
- 3,163
Everyone who even knows the slightest bit about law knows of, and understands how Double Jeopardy works. But this case is kinda weird, since the subject at the center of it all was convicted of two lesser crimes, but found not guilty by reason of insanity on the most serious charge. The Georgia Supreme Court said the just finding were repugnant and allowed the state to retry. SCOTUS disagreed.
Now, I agree with SCOTUS on this. Georgie had their shot at him, and didn't get it done. However... It's odd how the just could find sane enough to be guilty on two charges, but not quite enough for the third. So I can actually see the point of view from the Georgia Supreme Court. It's a rather odd set of circumstances really.
Double jeopardy clause bars Georgia from retrying man acquitted by reason of insanity - SCOTUSblog
So what would you expect if a state supreme court wrote an opinion directly inconsistent with “perhaps the most fundamental rule” of the Supreme Court’s jurisprudence in the area, an opinion that would get a failing grade in any law school course on criminal law? Well, your first guess would be that
www.scotusblog.com
Now, I agree with SCOTUS on this. Georgie had their shot at him, and didn't get it done. However... It's odd how the just could find sane enough to be guilty on two charges, but not quite enough for the third. So I can actually see the point of view from the Georgia Supreme Court. It's a rather odd set of circumstances really.