TOPEKA – The appeal of a case involving a Larned man convicted in an August 2016 drug-related traffic stop and standoff with Barton County law enforcement will come before the Kansas Supreme Court next week.
Robert Cash Scheurerman’s case is among those on the Supreme Court court Oct. 25–29 docket. This docket differs from in-person oral arguments in the Supreme Court courtroom.
In lieu of back-to-back, the court will hear cases at 9 a.m., 11 a.m., and 1:30 p.m., with a recess following each. Scheuerman’s case (case number 122,253) will take place at 11 a.m. Tuesday, Oct. 26.
All cases will be heard by video conference and livestreamed on the Kansas Supreme Court YouTube channel.
Scheuerman was charged with possession of methamphetamine with intent to distribute following a traffic stop, according to docket information. Scheuerman sought to suppress evidence from the search, but the 20th Judicial District Court in Great Bend denied the motion. Following a bench trial on stipulated facts, the district court found Scheuerman guilty of a less severe version of the possession and distribution charge. But, Schuerman appealed both the district court’s denial of his suppression motion and its guilty finding.
In August of this year, the Court of Appeals found that Scheuerman lacked standing to challenge the legality of the search because he lacked a reasonable expectation of privacy in the automobile.
But, the Court of Appeals agreed with Scheuerman that insufficient evidence supported his conviction for the less severe version of the possession count because the quantity he stipulated to possessing does not satisfy the quantity of the crime.
The Appeals Court affirmed the district court’s denial of Scheuerman’s motion to suppress, but reversed his conviction and vacated his sentence.
Subsequently, the state filed a petition for review of the reversal of the conviction. Scheuerman filed a cross petition for review challenging the denial of the motion to suppress.
The issues on review are whether:
• The Court of Appeals erred in reversing Scheuerman’s conviction because when a defendant stipulates to possessing a certain amount of drugs, the stipulation necessarily establishes sufficient evidence to show the defendant possessed a less amount of drug.
• The Court of Appeals erred in finding the Scheuerman did not have a sufficient interest to allow him to challenge the search of the car in which he was at least a social guest.
Background
Scheuerman was arrested in August 2016 following an armed standoff with area law enforcement officers. It ended peacefully and he was taken into custody.
The Barton County Sheriff’s Office received information regarding the location of Scheuerman, who was wanted in Pawnee County on a parole violation. Deputies put a residence under surveillance and observed him leaving in a vehicle.
Officers followed the vehicle and a felony traffic stop was conducted around 6:20 p.m. on Aug. 9, in the 100 block of SE 20 Road.
The driver, a white female, was ordered from the vehicle and complied. The passenger, Scheuerman, refused to exit the vehicle and brandished a weapon. Scheuerman then threatened to shoot himself.
After about one hour and 40 minutes, authorities convinced Scheuerman to surrender. Scheuerman was arrested and taken into custody.
Scheuerman was found to be in possession of more than 100 grams of suspected methamphetamine valued at about $5,000, as well as in excess of $3,000 cash.
He was arrested for the parole violation warrant from Pawnee County, possession of methamphetamine with intent to distribute, felon in possession of a firearm, no drug tax stamp and resisting arrest.
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