The judge in Lindsay Clancy's murder case declared a mistrial after the jury failed to reach a unanimous verdict.
The jury deliberated for 38 hours before sending a note saying they could not reach a decision.
The judge had earlier allowed a lone holdout to remain on the jury, but after two more attempts, he was required by law to declare a mistrial.
Clancy's lawyer, Kevin Reddington, argued that the judge had discretion to push the jury further, but the judge rejected that argument.
Immediately after the mistrial declaration, Reddington told the judge he wanted to go to the Massachusetts Supreme Court to reverse what he called 'this travesty.'
He asked the judge not to dismiss the jury until the Supreme Court ruled, and the judge granted him one hour to file an appeal.