LAKE CHARLES, La. (AP) - A Louisiana prosecutor is asking the federal appeals court in New Orleans to reinstate a man’s third conviction in the murder of a 6-year-old boy in 1992.
A three-judge panel ruled last month that double jeopardy should have prevented trial on the second-degree murder charge against Ricky Langley.
District Attorney John DeRosier (duh-ROH-zyay) tells The American Press the Louisiana Attorney General’s Office joined his request for a hearing by all 17 judges of the 5th U.S. Circuit Court of Appeals.
A jury convicted Langley of second-degree murder in 2003, acquitting him on a capital charge in Jeremy Guillory’s death. That verdict was overturned because of judicial misconduct.
A judge convicted Langley in 2009.
The 5th Circuit said the capital murder acquittal also prevented retrial for second-degree murder, because either required proof that Langley meant to kill or seriously injure Guillory.
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