Photo: POLICE file

Photo: POLICE file

The U.S. Supreme Court will consider whether a Kansas man's Fifth Amendment self-incrimination rights were violated when medical testimony was used to convict him of killing a sheriff.

The court announced Monday it would hear the case, Kansas v. Cheever, reports SCOTUS Blog.

The case stems from the killing of Greenwood County (Kan.) Matt Samuels on Jan. 19, 2005. Sheriff Samuels had gone to a house near Hilltop to locate Scott Cheever on illegal drug charges. Cheever opened fire on the sheriff and two deputies, killing the sheriff.

At trial, Cheever testified that he shot Sheriff Samuels, but argued that he was intoxicated at the time and couldn't form intent. He was convicted of capital murder in October 2007 and sentenced to death, after a psychiatrist's evaluation concluded he was not drunk at the time of the shooting.

On Aug. 24, the Kansas Supreme Court overturned the conviction and death sentence, agreeing with Cheever claim that the medical testimony violated his protection against self-incrimination.

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