An attorney for Karen Read acknowledged there was little previous caselaw to support the double jeopardy arguments her team is making.

Read's lawyers had argued that she was actually acquitted on two of the counts against her, citing post-trial statements from jurors. A federal judge disagreed this week.

Karen Read’s defense team is challenging a federal court’s decision to not dismiss the charges against her. Her defense team filed paperwork with the United States Court of Appeals for the First Circuit Friday, a day after the U.S. District Court judge refused to throw out two charges, including second-degree murder, Thursday.