LINCOLN, Neb. (AP) — The Nebraska Supreme Court has ruled that a Lincoln man can’t be retried on an attempted sexual assault charge because a jury has already cleared him of some of the allegations made by prosecutors.

The court issued its ruling Friday in the case of Curtis H. Lavalleur, who was convicted of first-degree attempted sexual assault but acquitted of first-degree sexual assault. His conviction on the attempted sexual assault charge was overturned in 2014.

Prosecutors filed an amended charge against Lavalleur last year, alleging that he attempted to penetrate his accuser when he knew or should have known she was incapable of resisting.

Lavalleur’s attorney argued that a jury in his earlier trial had already rejected the argument that Lavalleur knew or should have known his accuser was incapable of resisting.