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Nov 10, 2009 10:32 AM by Bethany Tucker

Judge could rule on mistrial motion for Jesse James Hollywood case

Convicted murderer and kidnapper, Jesse James Hollywood, heads to court Tuesday morning.

A judge could order a new trial for Hollywood. He is expected to appear in a Santa Barbara courtroom for that motion. Just last month, a judge postponed sentencing for Hollywood, after his defense attorney called for a mistrial. He claims his client did not receive a fair trial because of pre-trial publicity.

Hollywood is convicted of kidnapping and ordering the murder of Nicholas Markowitz in 2000. The case inspired the 2007 movie "Alpha Dog."

On the other side, the Santa Barbara County District Attorney's office says it believes the judge will deny the motion for a new trial.

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