Kansas Attorney General Derek Schmidt said Wednesday that the State of Kansas will ask the U.S. Supreme Court to review a recent Kansas Supreme Court decision which overturned the capital murder conviction of Luis Aguirre in a Riley County case.  Aguirre was convicted in the 2009 murders of Tanya Maldonado, 18,  and their 13-month-old son, Juan Maldonado..

According to Schmidt it is not clear if the correct legal conclusion was reached under the applicable principles of federal law, so a review is being requested by the U.S. Supreme Court.

A hunter found the bodies of Tanya and Juan Maldonado in a shallow grave near Ogden in October of 2009.  The Kansas Supreme Court has ruled that Aguirre’s confessions weren’t admissable because he was questioned after invoking his constitutional right to remain silent. The Kansas Supreme Court remanded the case for a new trial.

The U.S. Supreme Court grants only about one percent of the requests to review lower-court decisions.