Kansas Supreme Court Decisions, August 19, 2022

19 Aug 2022 11:23 AM | Executive Director (Administrator)

Appeal No. 122,252: State of Kansas v. Carrody M. Buchhorn

Appeal No. 122,252 archived oral argument

Buchhorn was convicted of second-degree murder after a child died unexpectedly at the home daycare where she worked. A Court of Appeals panel reversed Buchhorn's conviction and remanded for a new trial because her trial counsel's constitutionally deficient performance prejudiced her right to a fair trial. On review to the Kansas Supreme Court, the six justices who heard the case were equally divided on how the issues on appeal should be decided. As a result, the Court of Appeals judgment reversing the Douglas County District Court and remanding with directions stands. The Supreme Court dismissed as moot Buchhorn's cross-petition for review.

Appeal No. 123,323: State of Kansas v. Rachael C. Hilyard

Appeal No. 123,323 archived oral argument 

The Supreme Court heard this case on a special evening docket April 6 in Great Bend.

The Supreme Court affirms the first-degree premeditated murder conviction and hard 50 prison sentence of Hilyard after she appealed on theories of insufficient evidence, jury instruction error, prosecutorial error, ineffective assistance of counsel, and abuse of discretion by the Sedgwick County District Court. Finding no error, the Supreme Court affirms her conviction and sentence.

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