Lindsay Clancy’s attorney says he plans to file a motion to prevent a potential second murder trial.

Clancy’s initial murder trial ended in a mistrial after jurors failed to reach a unanimous decision. According to her attorney Kevin Reddington, jurors were split 11-1 in favor of acquittal.

Appearing on CBS Mornings, Reddington reiterated his claim that the lone holdout was not applying reasonable doubt to the verdict.

Reddington, who unsuccessfully tried to have the juror dismissed during deliberations, said he will file a motion ahead of a scheduled Sept. 29 court hearing with the hopes of barring a new trial.

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“It’ll be a motion to dismiss based on what’s called double jeopardy grounds,” Reddington said. “The term is manifest necessity. You have to have a manifest necessity to declare a mistrial for obvious reasons: the infested time that the jurors put into it, the court, the staff, the defendant, the prosecution — everybody.”

Though he said he supports the juror’s right to hold out, Reddington does not believe the juror followed the judge’s instructions.

“But when the forelady indicated clearly and unequivocally in the jury question that this person had doubt, reasonable doubt as we know now, and just refused to listen to the judge’s instruction on the law, that’s when I was upset because that’s when I used the expressions and the terms that I did that it just wasn’t right,” Reddington said.

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The jury deliberated for about a week before telling Judge William Sullivan they were unable to reach a verdict.

Sullivan eventually declared a mistrial, despite objections from Reddington, who wanted deliberations to continue.

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Clancy has admitted to killing her children — Cora, 5, Dawson, 3, and 8-month-old Callan — but has pleaded not guilty by lack of criminal responsibility to first-degree murder charges.

Clancy’s defense claims she was suffering from postpartum psychosis and overmedication when she strangled the children and jumped out a second-story window in an apparent suicide attempt.

Prosecutors have argued Clancy deliberately killed the children but have not yet announced if they intend to retry the case.