What does an emergency stay mean? Kevin Reddington’s options: A practical reader guide

What does an emergency stay mean? Kevin Reddington's options: A practical reader guide

The Lindsay Clancy trial looks all set to be ruled a mistrial by Judge William Sullivan at the Plymouth court after the jury returned deadlocked the third time on Friday, September 4. Despite trying hard to prevent a mistrial, Clancy’s lawyer, Kevin Redington, was unable to convince Judge Williams to ask the jury to deliberate again.

An emergency appeal is a request for a higher court to quickly review a judge’s decision before it takes effect. The defense sought to stop the mistrial and allow the jury to continue deliberating, but Judge Sulliavian made it clear that he intends to declare a mistrial in the next one hour. It does not mean Clancy was convicted or acquitted. It means the trial was unable to reach a clear resolution.

However, the 75-year-old veteran criminal attorney was granted a 1-hour window to file an emergency stay at the Massachusetts court.

If Reddington fails to do that, Judge Sullivan said he intends to rule a mistrial. “It is with a heavy heart that we report we are unable to come to a unanimous decision and will not be able to,” the jury’s note, read out by Judge Sullivan, stated. In the Lindsay Clancy trial, the judge said the emergency stay can be filed with the Supreme Judicial Court. CNN legal correspondent Jean Casarez said live on air that the higher court will require a “very clear and egregious error on the part of this court” to accept the emergency stay, indicating that a mistrial is more likely at this stage.

Attorney Kevin Reddington was seen deliberating the next steps, especially the one-hour period to file the emergency appeal.

Clancy’s family, who were also present, seemed disturbed by the decision and walked out of the court “solemnly,” CNN reported.