Lindsay Clancy returns to court Tuesday for the first hearing since her mistrial, with her defense seeking to dismiss the charges on double jeopardy grounds. Prosecutors have not said whether they will retry her, and the holdout juror’s conduct is also on the agenda

Lindsay Clancy is scheduled to appear in court on Tuesday for a pivotal status conference that will help determine the trajectory of her high-profile triple-murder case following a mistrial declared earlier this month, CNN confirms.

The court appearance marks the first formal proceeding since the Plymouth County Superior Court trial ended in a deadlocked jury, leaving prosecutors and defense attorneys to address pending motions, potential retrial schedules, and controversial issues surrounding jury deliberations.

Judge William Sullivan declared a mistrial on September 4 after jurors reported an impasse driven by a single holdout who resisted a unanimous finding of not guilty by reason of lack of criminal responsibility. Clancy has acknowledged causing the deaths of her three young children—Cora, Dawson, and Callan—in January 2023, but her defense team argued that she was experiencing severe postpartum psychosis and lacked the legal capacity for criminal responsibility.

During Tuesday’s hearing, the court is expected to consider several filings submitted by defense attorney Kevin Reddington aimed at preventing a second trial. The defense has filed a motion seeking to dismiss the charges on double jeopardy grounds, arguing that the mistrial was declared without a showing of manifest necessity and that the court erred by declining to question the jury foreperson or the holdout juror further before discharging the panel.

Additionally, defense counsel requested a direct finding of not guilty by lack of criminal responsibility, contending that prosecutors failed to meet their burden of proving sanity against unified medical testimony regarding Clancy’s mєntal state.

The status conference will also address defense requests to investigate the conduct of the lone holdout juror. Following public statements from other panel members alleging that the holdout disengaged from discussions and utilized a mobile phone during deliberations, the defense requested court orders to secure the juror’s phone records, questionnaire data, and hallway surveillance footage, as well as a limited judicial inquiry into possible external influences.

The holdout juror’s legal representative has vigorously defended the juror’s conduct, standing by the original guilty stance and describing attempts to scrutinize the deliberation process as an improper attack on the jury system.

While prosecutors have not formally declared whether they intend to retry the case, both sides are expected to provide updates on potential schedules or discussions as Plymouth County District Attorney Tim Cruz continues to evaluate the prospect of a second trial.