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Grinstead murder suspect's lawyers may appeal gag order ruling to US Supreme Court

The lawyers for Ryan Duke are appealing the Georgia Supreme Court's unanimous decision to remove the gag order.

The attorneys for Tara Grinstead murder suspect Ryan Duke want the U.S. Supreme Court to re-instate

the gag order in the Grinstead case.

On Monday, the Georgia Supreme Court judge threw out a gag order, issued last year by an Irwin County judge, that barred anybody connected to the Grinstead case from talking to the media about it.

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In response, Duke's lawyers filed three documents Wednesday with the Georgia Supreme Court.

One asks the Georgia court to reconsider their unanimous ruling against the gag order.

If they refuse, a second says, Duke's team plans to ask the U.S. Supreme Court to review the Grinstead ruling.

They also want the Georgia court to leave the gag order in place until the nation's highest court acts on the case.

Last year, Judge Melanie Cross' order said media coverage could affect Duke's 6th amendment right to a fair trial.

But lawyers for 13WMAZ and WXIA appealed the order, arguing that it violates the media’s First Amendment right to cover the case and report the news.

All nine Georgia justices agreed, saying Duke’s team had not shown any examples of coverage that might prejudice the case.

Last year, Duke was accused of killing Grinstead, an Irwin County High School teacher, in 2005.

No trial date has been set.

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