California: Superior Court Judge William McGrath has given the go ahead for a murder trial despite the fact that the defendant has already been convicted of the crime he is being charged with and has served a jail sentence for it.
Celestino Martinez murdered his wife in the United States and fled to Mexico. He was arrested by Mexican authorities, convicted of the murder, and sentenced to six years in prison.
Upon returning to the US he was arrested and re-charged with the murder. He faces a sentence of 25 to life if convicted. Martinez's lawyer argued for the case to be thrown out, claiming the constitution protects her client against double jeopardy.