The Kansas Supreme Court on Friday overturned the capital murder conviction and ordered a new trial for the man sentenced to death for killing a Greenwood County sheriff in 2005.

The unanimous ruling sends back the case of Scott D. Cheever, who was convicted in October 2007 for the shooting death of Sheriff Matt Samuels when the officer was serving a warrant at a rural home where meth was made.

The justices ruled Cheever’s constitutional rights were violated when a psychiatrist disclosed his psychological records during the trial without his consent. The testimony was based on Cheever’s evaluations when the case was in federal court before it was remanded to state court.

The justices ruled that Cheever had to consent to material from the psychiatrist’s exam being used in court because he wasn’t pursuing what amounted to an insanity defense. Instead, the justices said, he was arguing that he was drug-impaired, not permanently mentally ill.

The Supreme Court said Cheever’s right not to incriminate himself, guaranteed by the Fifth Amendment to the U.S. Constitution, had been violated.

And, the justices said, they couldn’t say beyond a reasonable doubt that the testimony failed to contribute to the capital murder verdict, adding, “this constitutional error cannot be declared harmless.”

The justices agreed with Cheever’s attorney, Debra Wilson, who said Dr. Michael Welner went beyond the scope of questioning when he offered testimony that Cheever had anti-social personality disorder.

Cheever admitted he shot Samuels and fired on other officers but argued he was high on meth and incapable of premeditation when he began shooting.

Cheever’s conviction for manufacturing of methamphetamines and criminal possession of a firearm were upheld.