The 3rd U.S. Circuit Court of Appeals has stayed the retrial of former Allegheny County Coroner Dr. Cyril Wecht pending the resolution of an appeal he filed claiming a second trial would violate the rules of double jeopardy.

The three-judge panel issued its order this afternoon, requiring the government and Dr. Wecht's attorneys to file briefs on the issue by May 20.

Jury selection in the new trial was scheduled to begin on Monday, with openings set for May 27.

Dr. Wecht filed an emergency motion asking for a stay on the retrial so that the appeals court could consider his argument that another trial would violate double jeopardy rules.

The motion on double jeopardy was first filed with U.S. District Judge Arthur J. Schwab, who rejected the idea.

Dr. Wecht is charged with 41 counts, including mail and wire fraud and theft of honest services.

His trial on those counts began Jan. 28. The goverment called 44 witnesses over seven weeks. The defense rested without calling any witnesses. The jury deliberated for 10 days before telling the court that there was no way its members could reach a unanimous verdict.