His lawyers agreed that he could be retried on the less serious ones but said double jeopardy principles should preclude his retrial on the charges of capital murder and first-degree murder.
He now faces a retrial on those charges.
All attempts for retrial on the ground of false identification failed.
Egypt's High Court ordered their retrial on Thursday citing procedural flaws in the original trial.
At his retrial on Oct. 18 he was ordered to be transferred to a psychiatric hospital.
On Nov. 26, Mr. Forde faces a retrial on bribery charges in state court in Manhattan.
The crown is considering an application for a retrial on the sham marriage charges.
The federal district court in New Orleans has agreed to hear Mr. Skilling's request for a retrial on Nov. 1.
Under Egyptian law, that means Mr. Mubarak cannot receive the death penalty at his retrial on the same charges.
Mr. Sanderson said Mr. Hallinan could seek a retrial on the murder charge, but other legal experts disagreed.
Mubarak, 85, still faces a retrial on charges of complicity in the murder of protesters during the 2011 revolt.
