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Constitutional Law,
U.S. Supreme Court

Sep. 20, 2023

"When is an acquittal not an acquittal?"

The United States Supreme Court will confront, next term, how the bar against double jeopardy applies when a jury’s verdicts are inconsistent.

2nd Appellate District, Division 2

Brian M. Hoffstadt

Associate Justice
California Court of Appeal

UCLA School of Law, 1995

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If, as Ralph Waldo Emerson once wrote, “[a] foolish consistency is the hobgoblin of little minds,” what is a foolish—or at least, irrational—inconsistency?

The United States Supreme Court will be grappling with that question next Term in McElrath v. Georgia, No. 22-721, although in a more legal (and less philosophical) sense. Specifically, McElrath confronts...

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