SUMNER COUNTY, Tenn. (WTVF) — She was convicted of killing her newborn twins and the U.S. Supreme Court denied her the case. But, to the surprise of many, the appeals are far from over for Lindsey Lowe.
She recently won a legal battle in court toward seeking a new trial. This crime garnered national attention and strong emotions. That was eight-years-ago.
Many thought the appeals were over for Lindsey Lowe. But the chance for a new trial remains. She went before the very judge last week who presided over her case arguing for another chance.
"This is a very, very unusual situation," said Sumner County Judge Dee David Gay.
Lowe was convicted in Judge Gay's courtroom in 2013 of smothering her newborn twins to death. She is serving a life sentence. But at a hearing Friday, Judge Gay granted Lowe's request of post-conviction relief based on a mistake made by her attorneys.
"She would still be facing the same charges, but another bite at the apple," said legal analyst Nick Leonardo.
He said this is the next step in the process. Lowe's attorneys now can make new arguments in state court for a new trial.
And if those are denied -- as many expect -- Lowe will likely take her case to federal court.
"You don't see that very often," said Leonardo.
But he added some of the same arguments that failed at the state level -- such as the admissibility of Lowe's damaging statement to police -- could get more traction at the federal level.
"Here may be certain nuances... constitutional claims raised, but denied at the state level," said Leonardo.
Unlike state judges who are elected, federal judges are appointed for life and may have a different take on elements of the case.
"They are looking for any way they can to get another set of eyes on this," said Leonardo of Lowe's attorneys.
The process won't happen quickly. It may be at least two years before Lowe can take her appeal to the federal district court in Nashville. At trial in 2013, a jury of seven men and five women convicted Lowe of felony murder, premeditated murder and aggravated child abuse.
