Double jeopardy is being charged with the same crime twice.

His lawyers are arguing that because he has already pled guilty to the federal charges of “interstate stalking resulting in death,” and “cyber stalking resulting in death” that the state charges of second degree murder, weapons possession and false identification should be dismissed.

The state prosecutors are arguing that the state charges are different enough that they should be allowed to go forward with the state trial as well.

Usually all the parts of a single crime that result in separate charges count as the same incident for purposes of double jeopardy.