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Lincoln Taylor argues that a third trial is double jeopardy.
Story by Jessika Lewis
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FAIRMONT -- Justices with the West Virginia Supreme Court of Appeals voted Thursday, Oct. 29 to hear arguments in the case for a Randolph County man accused of murder in Marion County.
They voted 3-2 to hear arguments in the matter, according to Jennifer Bundy, press information officer for the court, with Justices Workman and Ketchum dissenting.
The court will most likely hear the arguments during its next term of court, Bundy said.
Taylor's attorney argues that trying Taylor a third time is tantamount to double jeopardy.
His first trial ended in a mistrial.
A jury acquitted Taylor of conspiracy in his second trial, but failed to reach a verdict on his murder charge.
Taylor is accused of taking part in the murder of South Carolina native Derrick Osborne in 2007.
A jury has already convicted another man, Donell Lee, of first degree murder and conspiracy.
Judge David Janes sentenced Lee to one to five years for the conspiracy conviction, and life with mercy for the murder conviction.
Those sentences will run concurrently, making Lee eligible for parole in 15 years.
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