Thursday, November 15, 2012

Kansas Attorney General Derek Schmidt has formally appealed the Kansas Supreme Court's August decision that overturned the conviction of Scott Cheever.

In 2007, Cheever was convicted of the 2005 capital murder of Greenwood County Sheriff Matt Samuels and sentenced to death.

Back in August, the Kansas Supreme Court sent the case back for a new trial, citing violations of Cheever's fifth amendment rights.

Cheever had admitted to the crime, but he told investigators that he was high on meth and incapable of premeditation when he opened fire on Samuels and four other officers.

His attorney, Debra Wilson, argued that prosecutors violated his client's constitutional rights by providing privileged psychological testimony at his trial. She claimed that Cheever didn't give permission to use the records. The Supreme Court agreed, citing violations of the defendant’s fifth amendment right against self-incrimination.

On Wednesday, Schmidt formally asked the United States Supreme Court to consider the matter. The full petition can be viewed by clicking the link below.