NEW YORK —

Luigi Mangione is due in court Tuesday as his lawyers push to have his state murder charges thrown out in the killing of UnitedHealthcare CEO Brian Thompson . They argue that the New York case and a parallel federal death penalty prosecution amount to double jeopardy.

Also to be decided: a trial date and whether the state case or federal case will go first.

Video above: Prosecutors want death penalty for Luigi Mangione

It's Mangione's first court appearance in the state case since February. The 27-year-old Ivy League graduate has attracted a cult following as a stand-in for frustrations with the health insurance industry. Dozens of his supporters showed up to his last hearing, many wearing the Luigi video game character's green color as a symbol of solidarity. His Apri

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