Houston ? The state’s highest criminal court on Wednesday upheld a lower court ruling that threw out Andrea Yates’ murder convictions for drowning her children in a bathtub in 2001.

Harris County Assistant Dist. Atty. Alan Curry said the case will be retried or a plea bargain considered. Jurors rejected Yates’ insanity defense in 2002 and found her guilty of two capital murder charges for the deaths of three of her five children.

A lower court ruling in January had thrown out the convictions because of erroneous testimony that prosecutors used to suggest that Yates had gotten the idea for the killings from an episode of the television show “Law & Order.” The episode was found later not to exist.

Curry said if the case goes back to trial, he is confident Yates will be convicted again. She was sentenced to life in prison.

Yates’ attorney, George Parnham, said that although he wants to avoid another trial for his client, he doubts he and prosecutors can reach a plea agreement that addresses Yates’ mental health needs. Yates has been treated for years for severe depression and other disorders that require anti-psychotic drugs.