Attorneys for former Allegheny County Coroner Dr. Cyril H. Wecht have requested a stay from the 3rd U.S. Circuit Court of Appeals so they can petition the U.S. Supreme Court to consider their client's case.

Earlier this month, the 3rd Circuit denied Dr. Wecht's request to dismiss the charges against him based on double jeopardy, the constitutional right that bars a person from being tried twice on the same case.

A three-judge panel on the court found that U.S. District Judge Arthur J. Schwab did not "come close" to following proper procedures in declaring a mistrial on Dr. Wecht's criminal charges in April, but that his errors did not rise to the level to warrant throwing out the case.

Dr. Wecht's attorneys argue in their motion that there are a number of reasons the Supreme Court should take the case. Among them, they say, are that the Supreme Court has not considered a number of the issues presented in the case and because the 3rd Circuit's opinion is at odds with at least two other circuit courts.

Dr. Wecht was indicted on 84 counts in January 2006. Just before his trial started in January 2008, the government dropped the number of counts to 41. The well-known forensic pathologist sat through several weeks of government witnesses before his attorneys rested their case without calling anyone on behalf of the defense.

The jury deliberated for several days before sending Judge Schwab a note indicating that it was "essentially deadlocked."

The judge declared a mistrial, but he failed to poll the jurors or question the jury foreman. Further, he did not show the jury's last note to either side before calling the jury hung.

All of those things were challenged by Dr. Wecht in his appeal to the 3rd Circuit.

In the same opinion in which the court said the defendant could be retried, the judges made the unusual move of taking Judge Schwab off the case. Though they were not asked to do so, the judges said that all parties could benefit from less rancor in the courtroom.

The appeals court tasked Chief U.S. District Judge Donetta W. Ambrose with reassigning the case once the official mandate from the 3rd Circuit is filed, which should be next Friday. Dr. Wecht's attorneys are asking that the appeals court stay the issuance of the mandate for up to 90 days.

The chances that the Supreme Court would take the case are very unlikely. There are approximately 10,000 petitions filed each year with the court, but only 80 to 90 of those are granted.