KNOXVILLE, Tenn. (WVLT) -- The attorney for accused killer Rocky Houston told a judge Tuesday that his client should not have to stand trial for charges a jury already acquitted him of, because it's not Houston's fault that the judge made a mistake.

Attorney Randy Rogers says the judge erred when he discharged the jury after they acquitted Houston on eight charges, including Brown's killing, and left the rest of their verdict forms blank.

The state argues that jurors did what the judge told them to do, and Houston should be retried.

The judge has not yet ruled.

Houston is accused in the May 2006 shootout killing of Roane County Deputy Bill Jones and his ride-along friend Mike Brown. His brother Leon was acquitted on all charges in his second trial, after his first trial ended in a hung jury.