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State's Supreme Court to weigh Lowe case

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Lindsey Lowe

The state's highest court has set Sept. 6 as the date it will hear an appeal from Lindsey Lowe, the Hendersonville woman convicted of first-degree murder in the 2011 deaths of her newborn twins.

The High Court announced in January it would review the case and recently set the case to be heard in September in Knoxville.

The Tennessee Constitution requires the Tennessee Supreme Court to hear oral arguments in Jackson, Nashville and Knoxville. While the court generally hears cases in the region in which the Court of Appeals heard them, scheduling conflicts sometimes arise, according to Jill Frost, communications director for the Administrative Office of the Courts. Frost said both parties in the Lowe case agreed to have it heard in Knoxville.

Lowe was represented in Sumner County Criminal Court by John Pellegrin and James Ramsey. High profile Nashville attorney David Raybin joined the team after Lowe's conviction and during her subsequent appeal to the state's Court of Criminal Appeals. That court upheld Lowe's murder conviction and life sentence in July, 2016, and denied her a new trial. Lowe's defense team appealed that decision to the state Supreme Court.

Raybin noted that the high court doesn't always hear appeals, and said he will raise some key constitutional questions in his argument.

"Obviously they are very interested in the issues I've raised," he said. "It's a great opportunity for my client. We are very optimistic."

Hendersonville police were called to the Lowe home in Mansker Farms in September 2011 after Lowe's father discovered a newborn's body in a laundry basket in his daughter's bedroom. The body of a second infant was later found in the same basket.

Police met Lowe at her workplace in Hermitage and took her to the police station for questioning. The police video of her saying she covered each twin's mouth so that no one in her house would hear them cry after giving birth to them on a toilet, was used as key evidence in her March 2013 jury trial. Lowe was found guilty of two counts of first-degree murder and aggravated child abuse.

Raybin said earlier this week he will argue four key points before the High Court: that Lowe's confession shouldn't have been admissible in court; that a psychologist should have been allowed to testify as to whether or not Lowe voluntarily waived her Miranda Rights; that key testimony from a psychiatrist should have been allowed in court; and that the search warrants used to search Lowe's home were not valid because they had separate dates on them.

Lowe, who is currently serving a life sentence at the Tennessee Prison for Women, is asking for a new trial.

Attorneys for both sides will present oral arguments in front of the Supreme Court's five judges who will later issue an opinion.

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