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Appeals Court: No double jeopardy for man accused of murder

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According to the Tennessee Criminal Court of Appeals, a Tri-Cities man charged with first-degree murder can be tried a second time despite claims by his attorney that it would be double jeopardy. In April 2008, Judge Robert Cupp declared the case against Juan Delgado a mistrial in Washington County, Tennessee, court after Judge Cupp fell ill. Shortly after, Delgado's attorney argued his client could not be tried again for the same crime.

After review, the appeals court disagreed. The three-judge panel filed the opinion just days ago.

In May 2006, Johnson City police said Delgado stabbed Robert Curtis to death and then set his home on fire to cover up the crime.

Judge Cupp has not yet set a new trial date for this case.

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