Update 2:27 PM ET: The higher court has denied the defense's emergency request for relief. Judge Sullivan has declared a mistrial.

Now the prosecution has to decide whether or not to refile charges and put Clancy on trial again. She will likely remain in custody pending that decision.

Update 1:33 PM ET: Lindsay Clancy's defense team filed her appeal at 12:29 PM today, per CBS News. That was the one hour deadline given by Judge Sullivan. Now the court is adjourned until 2 PM ET while the higher court considers the appeal.

Bill Melugin shared the appeal on X.

Here's what the it says (emphasis original)

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The court's refusal to consider evidence that a juror is refusing to follow the applicable law regarding criminal responsibility should be corrected promptly to preserve the integrity of the court system. Under Commonwealth v. Swafford 441 Mass 329 (2004), a juror's refusal to follow the law is always personal and not a matter of protected deliberative privilege and requires removal. Here, the removal is particularly important bceause the juror's reasoning reflects a bias against those who suffer from debilitating mental illness, a protected category under both the Fourteenth Amendment and Article 114 of the Massachusetts [word missing].

This court has "general superintendence of all courts of inferior jurisdiction to correct and prevent errors and abuses therein if no other remedy is expressly provided; and it may issue all writs and processes to such courts and to corporations and individuals which may be necessary to the furtherance of justice and the regular execution of the laws." G.L. c 211 § 3. In General, this court may not step in unless "no other remedy is expressly provided."

Original story:

Judge William Sullivan, the Plymouth Superior Court judge presiding over the Lindsay Clancy case, declared a mistrial today, citing a hung jury. 

The jury began deliberations last week and has been unable to reach a unanimous decision. One juror was reportedly the holdout, wanting to convict Clancy while the other 11 jurors disagreed.

Judge Sullivan then said he'd declare a mistrial pending an appeal to the state's higher 

Here's more:

The 12-person jury – made up of nine women and three men – told Judge William Sullivan that they could not agree on whether to convict Clancy, 36, of three counts of first-degree murder. 

Without a verdict — and despite a nearly five-week-long trial that saw testimony from roughly 85 witnesses — Sullivan declared a mistrial.

The jury first indicated they were at an impasse on the fourth day of deliberations after nearly 18 hours. But the judge told them to keep at it.

The next day, after almost 28 total hours of deliberations, the jury issued another note, telling Sullivan a unanimous decision could not be reached. The judge then read the Tuey-Rodriguez charge, instructing them to deliberate some more.

One day later, on Thursday, jurors sent another note to the judge.

...

Friday morning, Reddington argued for the holdout juror to be questioned individually by the judge, revealed the individual was a man and accused him of lying. But Sullivan shot down the request and sent the jurors back for more deliberations.

The mistrial decision does not grant the former nurse automatic freedom — instead, she will remain in custody at Tewksbury Hospital while the Plymouth County District Attorney’s Office decides where to take the closely watched case next. 

Prosecutors’ options include putting Clancy on trial a second time, trying to negotiate a plea deal or dropping the charges altogether.

The Judge has said he will give Clancy's attorney an hour to get a stay from the Supreme Judicial Court.

That stay would temporarily freeze the mistrial from taking effect while the court looks at the judge's decision. The jury would not be discharged. If the stay is not granted, the trial would end with the mistrial and prosecutors would have to decide how to move forward.

We will update this post once we have a decision from the state's higher court.