TOPEKA (KSNT) – A split decision by the Kansas Supreme Court means a woman accused of killing a child in her custody will get a new trial.

In August of 2021, the Kansas Court of Appeals ordered a new trial for Carrody Buchhorn of Eudora who was convicted of second-degree murder after a baby died at her daycare center.

Nine-month-old Oliver “Ollie” Ortiz was found unresponsive in his crib at the Buchhorn’s daycare following an afternoon nap. Although first responders tried to revive him, he did not survive.

In Aug. 2021, KSNT 27 News reported the coroner said Ortiz died from a blow to the head.

The last person with the child was Buchhorn who denied hurting the infant.

The Appeals Court did not believe Buchhorn’s attorney did not thoroughly investigate the coroner’s ruling after the suggestion Ortiz died from a blow to the head.

The Douglas County District Attorney’s office appealed the 2021 ruling to the Kansas Supreme Court.

The split decision by the Kansas Supreme Court means the Appeals Court decision stands, giving Buchhorn a new trial.

While there are normally seven justices on the court, Justice Keynen “K.J.” Wall did not participate in the review because of his prior connection with the case while in private practice before joining the court, according to Lisa Taylor, a spokesperson for the Kansas Supreme Court.