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.
Words are cheap. Defense lawyers are supposed to make every plausible argument, even if they know it will be rejected. This is mostly for appeal purposes. They don’t want their client to be in a position 20 years from now where the Supreme Court overturns the dual sovereign doctrine; but their client cannot take advantage of it because his trial lawyers failed to preserve the issue.
Also, as the Judge points out, there is state double jeopardy law that is stronger. However, it is procedurally too early to attempt to invoke it.
Perfect, thank you.