The Supreme Court will decide whether a jury forewoman’s offhand comment that the jury was unable to make a decision on a murder charge means the suspect can’t be retried on that charge.

The high court on Tuesday agreed to hear an appeal from Alex Blueford, whose murder trial in Arkansas ended in a hung jury.

The jury forewoman told the judge before he declared a mistrial that the jury had voted unanimously against capital murder and first-degree murder. The jury had deadlocked on a lesser charge, manslaughter, which caused the judge to declare a mistrial.