(Fox News) A FoxNews.com reporter facing potential jail for not revealing the sources of her reporting on Aurora, Col., gunman James Holmes will appear before New York State’s top court next week in a bid to quash a subpoena requiring her to testify in the case.

Jana Winter, who broke the story revealing that Holmes had sent a psychiatrist a notebook before going on a July, 2012, rampage that left 12 dead and dozens injured, will appear on Tuesday before the New York State Court of Appeals in Albany to argue that New York’s strong public policy of protecting the identity of confidential sources should also protect her from having to go to Colorado, where she could be ordered to disclose her sources.

Winter is also asking the New York high court to recognize the damage the subpoena is causing her career as an investigative journalist. Winter, who has steadfastly protected her sources on the story, could face jail time in Colorado if she is ordered to reveal her sources and refuses.

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