In U.S. v. Ealy, the Fourth Circuit in an opinion by Judge Motz joined by Judges King and Duncan upheld the conviction in the W.D. Va. of Samuel Stephen Ealy for his involvement with the Pocahontas murders of 1989.
Ealy was acquitted in state court in 1991. He was indicted in federal court in 2000. The argument which got closest consideration by the Fourth Circuit was his claim that the five-year statute of limitations had expired. The Court held that the limitations period was not applicable, because the offenses with which Ealy was charged were "capital" offenses for limitations purposes, even though the death penalty was not sought against him.
UPDATE: The AP has this story on the decision.