Lawyers for Luigi Mangione have filed a renewed motion asking a New York state judge to dismiss the murder and weapons charges in the killing of UnitedHealthcare CEO Brian Thompson, according to ABC7 New York.

The defense argues the prosecution violates New York's double jeopardy protections because Mangione pleaded guilty in federal court on August 14 to stalking charges, admitting he traveled to New York intending to kill Thompson and shot him outside the Midtown Hilton.

This is the second time his team has sought dismissal on these grounds.

Defense attorney Karen Agnifilo argued there is no precedent for a state prosecution pursued after a federal case over what she calls the identical conduct.

According to ABC7 New York, Agnifilo wrote: "There are no cases where the identical conduct -- the same victim, the same gun, the same actions by the defendant, the same place and the same time -- that was prosecuted by federal authorities was then also prosecuted by state authorities."

The defense filing says the "core misconduct" is effectively the same, even though stalking can apply to conduct less extreme than intentional killing. The Guardian notes the federal stalking law covers stalking with intent to kill that results in death.

The legal fight turns on how far New York's protections reach.

Per The Guardian, the US constitutional protection against double jeopardy does not prevent separate federal and state prosecutions for the same crimes, but New York law prohibits prosecuting a person twice for the same offense or for two offenses based on one act or criminal transaction.

Manhattan prosecutors, in an October 9 filing, argued the federal stalking charges and state murder charges do not overlap sufficiently, per The Guardian. The lead prosecutor maintains the offenses address different misconduct, ABC7 New York reports.

The outcome determines whether Mangione, already convicted in the federal system, will still face a state murder jury.

According to The Guardian, Mangione pleaded guilty to federal charges less than a month before his state trial on murder and weapons charges, which had been set to begin September 8.

Judge Gregory Carro is scheduled to hear oral arguments in December and will decide whether to dismiss the murder indictment, according to ABC7 New York. The Guardian reports the next hearing is set for December 10.

Until then, prosecutors continue to press for a state trial while the defense insists Mangione has been sufficiently prosecuted for the killing of Brian Thompson.