NEW YORK (AP) — Luigi Mangione is due in court Tuesday as his lawyers push to have his state murder charges thrown out in the killing of UnitedHealthcare CEO Brian Thompson. They argue that the New York case and a parallel federal death penalty prosecution amount to double jeopardy.

Also to be decided: a trial date and whether the state case or federal case will go first.

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    Mangione’s lawyers argued that the New York case and a parallel federal death penalty prosecution amounted to double jeopardy. But Carro rejected that argument, saying it would be premature to make such a determination.

    Bragg’s office contended that there are no double jeopardy issues because neither of Mangione’s cases has gone to trial and because the state and federal prosecutions involve different legal theories.

    Mangione’s lawyers said the dueling cases have created a “legal quagmire” that makes it “legally and logistically impossible to defend against them simultaneously.”

    If they were arguing against federal jurisdiction, they would be arguing against federal jurisdiction, not saying that it “amounted to” double jeopardy. The judge has still left the double jeopardy argument open, though.