US prosecutors say they will retry Lindsay Clancy over the killings of her three children despite a double jeopardy challenge

Her defence team immediately moved to dismiss all charges on double jeopardy grounds, arguing the mistrial was a result of prosecutorial overreach. The judge then sharply rebuked her lawyer after he named the holdout juror in open court during the hearing.

Clancy's husband Patrick, father of the three slain children, has stood by his wife throughout, insisting she was not responsible for her actions due to postpartum psychosis.

Her lawyers argue a retrial is barred because the mistrial was effectively caused by the prosecution, a claim prosecutors flatly reject.

The judge is still weighing the dismissal motion, meaning Clancy could yet walk free before any retrial begins.