Overturning of Eudora woman’s 2018 murder conviction to be heard by Kansas Supreme Court

photo by: Dylan Lysen/Lawrence Journal-World

Carrody Buchhorn, of Eudora, appears in Douglas County District Court on Wednesday, Nov. 3, 2021. She was previously convicted of murder in 2018 for the death of a 9-month-old boy, but the Kansas Court of Appeals overturned the conviction in August 2021.

A Eudora woman’s 2018 murder conviction will now be considered by the Kansas Supreme Court. But it may be months before that happens.

The state’s highest court has granted a petition for review from the Douglas County District Attorney’s Office, which is appealing a Kansas Court of Appeals ruling earlier this year to overturn Carrody Buchhorn’s murder conviction. The DA’s office is seeking to have the conviction reinstated.

Deputy District Attorney Joshua Seiden told the Journal-World Wednesday that the petition for review was accepted but a date in court had not yet been scheduled. He said it could be several months before the case reaches the court’s docket.

A jury previously found Buchhorn, now 47, guilty of second-degree murder after 9-month-old Oliver “Ollie” Ortiz was found unresponsive at a Eudora day care. She was sentenced to more than 10 years in prison.

In August, the Kansas Court of Appeals ruled that Buchhorn received ineffective assistance of counsel during her 2018 trial, which it said denied her the right to a fair trial. The court said her attorneys failed to properly question a coroner’s ruling on how the boy died, among other issues. In the ruling, the court granted the right to a new trial.

After the appellate court ruled, the DA’s office told the Journal-World it would appeal to the Supreme Court.

The Supreme Court also will review Buchhorn’s conditional cross-petition, which asks the court to consider making the expert testimony from Dr. Erik Mitchell, Douglas County’s coroner at the time, that was provided in the original trial to be inadmissible.

After the conviction was overturned, Buchhorn was released from custody in September on a $100,000 own-recognizance bond, according to court records.

Related coverage

• Aug. 13, 2021 — Kansas Court of Appeals overturns Eudora woman’s murder conviction in baby’s death, orders new trial

• Nov. 18, 2019 — Woman convicted of killing Eudora baby sentenced to 10-plus years; parents tell court about devastation of losing child

• Oct. 24, 2019 — Judge denies new trial for Eudora day care worker convicted in infant’s murder

• March 14, 2019 — Under scrutiny, coroner stands by ruling on Eudora baby’s death that led to caregiver’s murder conviction

• Feb. 19, 2019 — Defense lawyers stand by trial performance in Eudora day care murder case, say client was wrongly convicted

• Feb. 7, 2019 — Trial lawyer, former AG calls ineffective counsel claim ‘laughable’ at hearing for Eudora woman convicted of murdering baby

• Dec. 21, 2018 — Medical experts skewer coroner’s ruling in baby’s death as convicted woman seeks new trial

• Dec. 19, 2018 — Prosecutors offer rebuttal to attacks on coroner, defense team by woman convicted of murdering baby

• Sept. 16, 2018 — Calling coroner’s ruling ‘junk science,’ lawyers seek new trial for Eudora woman convicted of murdering baby

• Aug. 31, 2018 — Eudora woman convicted of baby’s murder seeking new trial; sentencing delayed

• July 26, 2018 — Woman guilty of 2nd degree murder in baby’s death at Eudora home day care

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