Monday, September 17, 2012

Attorney General Derek Schmidt has begun the process to appeal the Kansas Supreme Court's decision that overturned the capital murder conviction and death sentence of Scott Cheever.

In 2007, Cheever was convicted for the 2005 murder of Greenwood County Sheriff Matt Samuels.

Last month, 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.

Monday, the attorney general's office filed a motion to stay the proceedings so the United States Supreme Court could consider the matter.

Schmidt released the following statement:

“We have carefully analyzed the opinion of the Kansas Supreme Court overturning the capital murder conviction of Scott Cheever in the 2005 killing of Greenwood County Sheriff Matt Samuels. 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.”