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
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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