Mangione raised the point himself in court in February. When his state trial was scheduled to begin before his federal case, he shouted, "One-plus-one is two -- double jeopardy, by any common-sense definition!"

Not a lawyer, can't cite any case law, but I don't think it works that way. I'm sure they will still focus on the evidence trail from the McDonalds where he was arrested to the cop car to whatever happened.

The state judge agrees...

In a ruling last year, Judge Gregory Carro, who oversees the state case, determined that Mangione's double jeopardy argument was "premature" because the federal case was not resolved. But Carro did signal that defense lawyers could raise the issue if Mangione struck a plea deal prior to the state trial.