Kansas says it will appeal Cheever ruling to U.S. Supreme Court

09/17/2012 4:33 PM

09/18/2012 8:57 AM

TOPEKA – Kansas Attorney General Derek Schmidt will ask the U.S. Supreme Court to review the Kansas Supreme Court’s decision to overturn the conviction and death sentence of Scott Cheever, who was convicted of killing Greenwood County Sheriff Matt Samuels.

Schmidt’s office said it disagrees with the Kansas Supreme Court’s decision last month to overturn the case based on Cheever’s right against self-incrimination, which stemmed from the court allowing an expert witness to talk about a mental exam Cheever took at the request of a federal judge.

“We do not believe the Court’s decision correctly reflects the requirements of the Fifth Amendment to the United States Constitution, and therefore we will ask the United States Supreme Court to review the case,” Schmidt said in a prepared statement.

In 2007, a jury convicted Cheever of the 2005 shooting. Witnesses said Samuels acted on a tip and went to a home in Virgil in Greenwood County to serve an arrest warrant on Cheever. Cheever and others in the home had been manufacturing and using meth. Cheever hid in a bedroom upstairs and shot Samuels as he climbed the stairs.

Cheever, now 31, never denied shooting Samuels. His lawyers argued that his heavy meth use prevented him from forming the intent or premeditation to commit murder.

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