Mangione had previously pleaded not guilty in April 2025 to federal murder, weapons and stalking charges.
Garnett threw out the murder and weapons charges over legal technicalities in a surprise ruling in January 2026. The decision eliminated the possibility that Mangione would face the death penalty in the federal case.
Mangione separately pleaded not guilty in December 2024 to state terrorism, murder, weapons and forgery charges brought by Manhattan District Attorney Alvin Bragg. The terrorism charges were thrown out by a judge in September 2025.
A trial in the state case is scheduled for September 8 before Justice Gregory Carro in Manhattan. Mangione would face 25 years to life in prison if convicted of second-degree murder.
In their motion to dismiss the state case under New York's double jeopardy law, Mangione's lawyers said facing another trial would violate his due process rights under the Fifth Amendment to the U.S. Constitution.
Bragg's office could oppose the move. A spokesperson for Bragg said in a statement, "We are prepared to litigate the defense motions. The Manhattan D.A.'s Office remains committed to seeking justice for Mr. Thompson and his family."
New York's double jeopardy law carves out exceptions for crimes that have different elements or are aimed at preventing "very different kinds of harm or evil."
The stalking charges have different elements than murder but still require intent to kill, which could make it difficult for state prosecutors to argue that the trial should go forward, according to Catherine Christian, a defense lawyer and former Manhattan prosecutor.
"Prosecutors will say it's a different statute, but the defense will argue it’s about intending to kill and killing someone - that’s what our client pled led to, and it's splitting hairs to say they're different," Christian said.
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