The future of the state's case against accused murderer, Lincoln Taylor, is now in the hands of the Supreme Court of Appeals in Charleston.

The defense and the state presented their arguments on double jeopardy in the case.

Taylor is accused of murdering Derek Osborne on Memorial Day in 2007.

In November of 2008, the jury returned a verdict of not guilty on conspiracy and hung on the charge of first degree murder.

Since then Taylor's attorney, Martin Sheehan, says putting him back on trial for first degree murder will be double jeopardy.

Sheehan filed a Writ of Mandamus and a Writ of Prohibition which states the Marion County Circuit Court must perform under the Justices' rulings.

Wednesday, Sheehan argued that it is a double jeopardy issue, but if the Supreme Court doesn't find it to be double jeopardy Sheehan wants evidence of conspiracy to be prevented from trial.

Prosecuting Attorney, Dan Dotson, argued that the case is "all or nothing" meaning Taylor should be tried for the murder of Derek Osborne, and evidence should not be prevented from the case.

Within the next 30 to 90 days, the Supreme Court of Appeals will make their decision.

If the Justices deny these arguments this case goes back to Circuit Court and goes to trial.