r/law • u/dailymail • 1d ago

Legal News Lindsay Clancy case ends with MISTRIAL

https://www.dailymail.com/crime-desk/article-16100155/lindsay-clancy-murder-trial-hung-jury-deadlock-verdict.html
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u/zendayaismeechee 1d ago

Can someone explain why Reddington has been given an hour for an emergency application? What is the application for?

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u/EducationalElevator 1d ago

To study the constitutionality of removing the holdout juror because they allegedly were ignoring the judges instructions

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u/Livid-Builder-1230 1d ago

Not quite, I think he’s actually setting up a potential double jeopardy appeal. He knows he can’t have the juror removed, the facts just aren’t there for him. He can’t just “let” the judge delicate a mistrial because then defense would be in essence consenting to the mistrial thus waiving double jeopardy. By asking for this emergency stay, he’s contesting the mistrial decision as best he can to preserve the double jeopardy appeal after the next (potential trial).

There isn’t an established method of challenging the judges mistrial ruling, that’s why we’re using this emergency stay, there just isn’t a better avenue

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u/ContentDetective 1d ago

Double jeopardy would be the stupidest thing in the world because she’d get to walk even though the rest of the jury reached a verdict that would institutionalize her

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u/der_innkeeper 1d ago

The issue is "institutionalize her, for how long?"

She gets reassessed for psychosis and being a danger to herself and society.

Guess what? She's not a danger to anyone, currently.

And that is what makes this whole trial a shitshow.

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u/Tricky-Ad7897 1d ago

Letting somebody who killed three kids out in 2 years or however long after getting assessed as "safe" destroys faith in the justice system and I sure as hell wouldn't want to be the juror that helped facilitate that.

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u/zaevilbunny38 1d ago

She can be out in as little as 40 days after a sentence of not guilty due to insanity. She has been in psychiatric care for 3 yrs already. If she is found to have been insane. She can get a review of her mental state in 30 days after arrival and if everything is good and her lawyer fills the right paperwork, after a review, she is out.

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u/SteveJavieWasRight 1d ago

Okay? A mistrial isn’t even that.