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  1. #1

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    Scott D. Cheever - Kansas Death Row


    Greenwood County Sheriff Matt Samuels





    Facts of the Crime:

    Convicted in November 2007 of killing Greenwood County Sheriff Matt Samuels in January 2005.

    Cheever was sentenced to death on January 23, 2008.

  2. #2

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    Scott Cheever - Kansas Death Row

    Judge Mike Ward said this morning that he will impose the jury's verdict that Scott Cheever receive the death penalty.

    This past fall, a jury from Greenwood County convicted Cheever of the capital murder of its sheriff, Matt Samuels.

    During the hearing, Tammy Samuels -- the sheriff's wife -- called Cheever "a coward hiding crouched in the dark."

    Cheever had been making methamphetamine in a house in the remote Hilltop area. Cheever testified that he was upstairs hiding, and fired over a railing as Samuels stood at the bottom of the stairs.

    Tammy Samuels talked about how her husband served as a mentor to young people and a friend to many in the community. She talked about his devotion as a father and his plans for the future, cut short by his shooting death on Jan. 19, 2005.

    "You killed a hero; not a hero for how he died, but how he lived," she said.

    When asked by Ward, Cheever declined to make any statements regarding his sentence.

    Cheever also stands convicted of four counts of attempted murder against two Greenwood County deputies and two state troopers. The jury also found him guilty of manufacturing methamphetamine and being a felon in possession of a firearm.

    For those counts, Ward imposed the maximum sentence of 737 months.

    "Assuming that the jury's verdict of death is upheld and carries out, I don't want to say these sentences are meanlingless or moot, but they aren't controlling," Ward said. "But each of these crimes have a victim, and you have received a sentence on each of those."

    Throughout the hearing, Cheever sat with his hands shackled to a belt chained around his waist and leg irons. He wore an orange prison jumpsuit from the El Dorado Correctional Facility, where he will remain in 23-hour secluded lockdown, awaiting his execution.

    Cheever's mother, Brenda Freisner, attended her son's sentencing. She had been prohibited from attending the trial because she remained in jail charged with jury tampering.

    (Source: AP)

  3. #3
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    State Supreme Court will hear appeal from death row inmate Scott Cheever

    The Kansas Supreme Court will hear a number of appeals in the case against Scott Cheever. Cheever was convicted and sentenced to death murder of Greenwood County Sheriff Matt Samuels.

    Samuels was gunned down while trying to bust a methamphetamine operation in January of 2005.

    Cheever was convicted of Capital Murder and several other charges.

    The appellate motion includes several issues including the constitutionality of the state's death penalty and jury instructions relating to the guilt and sentencing phases.

    The hearing is set for May 18th.

    http://www.kwch.com/news/crimewatch/...,2757210.story

  4. #4
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    State's Supreme Court to hear appeal of sheriff's convicted killer

    Lawyers this morning will argue the death penalty appeal of a man accused of killing Greenwood County Sheriff Matt Samuels at a meth lab six years ago.

    Scott Cheever admitted killing Samuels in 2005, as the sheriff tried to serve a warrant. At trial Cheever said he was so intoxicated by methamphetamine that he didn't know what he was doing. Two years later, a jury in Eureka convicted Cheever of capital murder and sentenced him to death.

    Death sentences get an automatic review by the state's high court.

    Kristafer Ailslieger, assistant solicitor general, is set to argue the state's side. Capital defender Debra Wilson will present Cheever's side.

    Arguments are scheduled for 9 a.m.

    Read more: http://www.kansas.com/2011/05/18/185...#ixzz1Mhlf4JsE

  5. #5
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    Court Orders New Trial For Death Row Inmate

    A man serving time on death row for killing a Greenwood County Sheriff will be getting a new trial.

    The Kansas Supreme court sent the capital murder case against Scott Cheever back for a new trial. Cheever was convicted of capital murder for killing Sheriff Matthew Samuels and four counts of attempted capital murder of four other law enforcement officers.

    Cheever 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 January 19, 2005.

    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.

    A jury sentenced Cheever to death for the crime. Death sentences get an automatic review by the state's high court.

    http://www.kake.com/news/headlines/D...5.html?ref=415
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  6. #6
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    Schmidt to appeal Kansas Supreme Court's decision to overturn conviction



    Kansas Attorney General Derek Schmidt announced Monday that he will appeal the Kansas Supreme Court’s decision to overtun the conviction and death sentence of Scott Cheever in the 2005 murder of Greenwood County Sheriff Matt Samuels.

    “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,” Schmidt said in a release. “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 capital murder of Samuels and recommended the death penalty be imposed. In August, the Kansas Supreme Court overturned Cheever’s conviction, citing constitutional violations and ordered a new trial in the case.

    On Monday, Schmidt’s office filed a motion to recall the mandate of the Kansas Supreme Court and stay the proceedings while the U.S. Supreme Court considers the matter.

    http://cjonline.com/news/2012-09-17/...urn-conviction
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  7. #7
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    Schmidt appeals decision to overturn death penalty



    Kansas Attorney General Derek Schmidt on Thursday announced he is appealing a decision by the Kansas Supreme Court to overturn a death penalty conviction.

    The court in August ordered a new trial for Scott Cheever, who was convicted in the 2005 murder of Greenwood County Sheriff Matt Samuels.

    Cheever received the death sentence in October 2007. The state’s high court said Cheever’s 5th Amendment right against self-incrimination was violated by the testimony of a state psychiatrist, reversing the capital murder conviction, as well as four other convictions of attempted capital murder on four other law officers involved in Cheever’s arrest.

    Schmidt’s appeal to uphold both the convictions and death sentence is to the U.S. Supreme Court. He announced in September he intended to appeal the decision and made his formal request Wednesday.

    During Cheever’s trial, Michael Welner was permitted to tell the jury about his court-ordered mental examination of Cheever. The Kansas Supreme court ruled that because Cheever hadn’t used mental disease or defect as a defense, the privileged conversation with the psychiatrist shouldn’t have been allowed.

    “Because we are unable to conclude beyond a reasonable doubt that Welner’s testimony did not contribute to the capital murder and attempted capital murder verdicts obtained in this case, this constitutional error cannot be declared harmless,” the justices’ opinion said.

    http://cjonline.com/news/2012-11-15/...-death-penalty
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  8. #8
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    February 25, 2013

    12-609

    KANSAS V. CHEEVER, SCOTT D.

    The motion of respondent for leave to proceed in forma
    pauperis is granted. The petition for a writ of certiorari
    is granted limited to Question 1 presented by the petition.

  9. #9
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    High court to review Kansas sheriff's killing

    The Supreme Court has agreed to consider reinstating the conviction and death sentence of a man who said he was high on meth when he killed a Kansas sheriff.

    The justices on Monday said they will review a state Supreme Court ruling that granted a new trial to Scott Cheever, who admitted to shooting Greenwood County Sheriff Matt Samuels.

    The Kansas court said Cheever's rights were violated during his trial because a psychiatrist was allowed to testify about Cheever's psychological records without his consent.

    Samuels' death prompted changes in the Kansas criminal code to make it more difficult to purchase the ingredients used in making meth.

    The case will be argued in the fall.

    http://www.huffingtonpost.com/huff-w...cs&ir=politics

  10. #10
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    On SCOTUS argument calendar for Oct 16th 2013 :

    QUESTION PRESENTED:
    1. When a criminal defendant affirmatively introduces expert testimony that he lacked the
    requisite mental state to commit capital murder of a law enforcement officer due to the
    alleged temporary and long-term effects of the defendant's methamphetamine use, does the
    State violate the defendant's Fifth Amendment privilege against self-incrimination by
    rebutting the defendant's mental state defense with evidence from a court-ordered mental
    evaluation of the defendant?

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