This program is eligible for 1 hour of CLE credit in 60-minute states. In 50-minute states, this program is eligible for 1.2 hours of CLE credit. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.
Overview
The ruling comes down November 2. Phil Bogdanoff takes it apart November 3, with dramatic trial footage you have to see.
One Juror. One Mistrial. One Question: Will There Be a Second Trial?
On November 2, a court will decide whether Lindsay Clancy can be tried again for the deaths of her three children. The next morning, we'll take that ruling apart. Join us the day after the decision for a timely look at the case that may set a defendant's fate on the vote of a single juror, and on one judge's choice not to look into what that juror was doing.
A Crime That Shocked a Community
On January 24, 2023, Lindsay Clancy strangled her three young children to death, then tried to take her own life. She was charged with three counts of murder. Her defense was not that she didn't do it. She argued that a mental disease or defect left her without criminal responsibility.
Eleven to One
During deliberations, the jury reportedly stood 11–1 in favor of acquittal. Then a note came out of the jury room with a troubling question: was the lone holdout refusing to apply the reasonable doubt standard at all?
A Request Denied
The defense asked the court to investigate possible juror misconduct. The judge said no. When the jury stayed deadlocked, the court declared a mistrial.
Did the Judge Open the Door to a Second Trial, or Close It for Good?
The Double Jeopardy Clause protects defendants from being tried twice for the same offense. A retrial after a mistrial is allowed only when there was "manifest necessity" for it. If the judge declared the mistrial without first looking into the holdout juror, was the deadlock really unavoidable? Or did the judge's decision cost the prosecution its chance to try Clancy again?
Inside the Courtroom
In this CLE program, you'll watch dramatic footage from the trial and work through the constitutional issues at its center: juror misconduct, mistrials, manifest necessity, and double jeopardy. With the court's ruling only a day old, you'll see how one juror, one judicial decision, and one mistrial can decide whether the government gets a second chance at this case.
Meet Philip Bogdanoff, Esq. A nationally recognized CLE speaker and former career prosecutor, Phil spent more than 25 years in the Summit County, Ohio Prosecutor’s Office and argued more than 20 cases before the Ohio Supreme Court. Now a special prosecutor and sought-after educator, he brings deep courtroom experience, practical insight, and an entertaining style to every program.
Faculty
Philip Bogdanoff, Esq.
Philip Bogdanoff is a nationally recognized continuing legal education speaker and a trained educator. Previously, he served as an assistant prosecutor in the Summit County Prosecutor’s Office for over 25 years. Mr. Bogdanoff argued cases before the Ohio Ninth District Court of Appeals and over twenty cases before the Ohio Supreme Court including six death penalty cases – before retiring as a senior assistant prosecutor. He currently serves as a special prosecutor in Ohio arguing cases before the Ohio Supreme Court and various appellate courts. He has done presentations on ethics and professionalism for approximately fifty organizations including the National District Attorneys Association, National Association of Legal Administrators, state and local bar associations and prosecuting attorney’s associations. More information about Mr. Bogdanoff is available on his Web site at http://www.philipbogdanoff.com/.

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