LAWRENCE, Kan. (AP) — A Kansas woman will be tried again in the death of a 9-month-old boy at a home day care, despite a Kansas Supreme Court ruling on Friday that let stand a ruling reversing her conviction.
The Douglas County District Attorney's office said Friday it would proceed with a second trial for Carrody Buchhorn, who was convicted of second-degree murder in the Sept. 29, 2016, death of Oliver “Ollie” Ortiz at a Eudora home day care, the Lawrence Journal-World reported.
She was sentenced to 10 years in prison.
The Kansas Supreme Court on Friday said the six justices who heard the case were equally divided on the issues raised in Bucchorn's appeal. A seventh justice recused himself because of a previous connection to the case.
The court said when justices are equally divided on issues raised on appeal, the judgment of the court from which the appeal or petition for review is made must stand.
The Kansas Court of Appeals overturned Bucchorn's conviction in August 2021, ruling that her defense counsel had been ineffective. The Douglas County District Attorney’s Office then asked the Kansas Supreme Court to review the appeals court’s decision.