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Lincoln Taylor is facing his third murder trial.
Story by Jessika Lewis
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Special Prosecutor Dan Dotson has filed his response to motions filed before the West Virginia Supreme Court of Appeals by Lincoln Taylor's attorney.
Taylor has been tried twice for the murder of Fairmont State University student Derrick Osborne over Memorial Day weekend in 2007, and Marion County Circuit Judge David Janes has set a third trial for January.
Taylor's attorney, Martin Sheehan, filed a writ of prohibition and a writ of mandamus with the higher court, asking the justices to disallow the third trial, because he believe it violates Taylor's right to avoid double jeopardy.
Trying Taylor again is not double jeopardy, Dotson said.
The cases Taylor's attorney cites as proof of this alleged violation do not prove Taylor's case, according to Dotson.
Taylor's 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.
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