TOPEKA – (September 17, 2012) – Kansas Attorney General Derek Schmidt today took the preliminary step required to appeal the Kansas Supreme Court’s decision overturning the conviction and death sentence imposed on Scott Cheever in the murder of Greenwood County Sheriff Matt Samuels. 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."
A Greenwood County jury found Cheever guilty in 2007 of the capital murder of Sheriff Matt Samuels and recommended the death penalty be imposed. Last month, the Kansas Supreme Court overturned the conviction, citing constitutional violations, and ordered a new trial in the case. Schmidt’s office today filed a motion to recall the mandate of the Kansas Supreme Court and stay the proceedings while the United States Supreme Court considers the matter.