Appellate Hearing on Third-Degree Murder Charge Against Derek Chauvin 

Last month the Hennepin County District Court denied the prosecution’s motion to reinstate or amend pleadings to add third-degree murder charges against the four defendants in the George Floyd killing. The State immediately appealed that ruling and the Minnesota Court of Appeals immediately allowed that appeal.[1]

On March 1, a three-judge panel of that appellate court held a hearing on that appeal insofar as it involved Chauvin.[2] According to a StarTribune journalist who heard the argument, the appellate judges seemed skeptical of the arguments of Chauvin’s attorney who was urging affirmance of the dismissal of that charge against his client. For example, one of the judges asked both attorneys to focus on whether the trial judge was bound by the recent Court of Appeals’ decision upholding the third-degree murder conviction of another Minneapolis police officer, Mohamed Noor, or was allowed to not follow the appellate court’s ruling.

The attorney for the prosecution, Neal Katyal of a Washington, D.C. large law firm, said the ruling was binding as soon as it was published and unless it is overturned by the state Supreme Court. During the argument one of the three appellate judges said the court would issue an expedited decision in the case “as soon as possible” given the start of Chauvin’s trial on March 8.

Later the same day, the Minnesota Supreme Court, with unusual speed, agreed to grant review of  the appeal by Mr. Noor and to have oral arguments in the case in June. [3]

Meanwhile, the trial court on March 1 issued its Trial Management Order setting conditions for attendance of spectators, jurors and potential jurors, witnesses, attorneys and parties.[4]

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[1] See the following posts to dwkcommentaries.com: Court Denies Third-Degree Murder Charges for George Floyd Killing (Feb. 12, 2021); Comment: State Appeals Denial of Third-Degree Murder Charges in George Floyd Cases (Feb. 23, 2021); Appellate Court Throws Another Threat to Delayed Start of Chauvin Criminal Trial (Feb. 24, 2021).

[2] Xiong, Court of Appeals to hear third-degree murder argument in Derek Chauvin case today, StarTribune (Mar. 1, 2021); Xiong, In prosecution bid to add charges in George Floyd death,  Derek Chauvin’s attorney faces questions, skepticism before Court of Appeals, StarTribune (Mar. 1, 2021).

[3] Olson, With unusual speed, Minn. Supreme Court agrees to hear appeal in Noor case, StarTribune (Mar. 1, 2021).

[4]  Trial Management Order, State v. Chauvin, Hennepin County District Court, Dist. Ct. File 27-CR-20-12646 (Mar. 1, 2021).(this order is available on the court’s website,

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dwkcommentaries

As a retired lawyer and adjunct law professor, Duane W. Krohnke has developed strong interests in U.S. and international law, politics and history. He also is a Christian and an active member of Minneapolis’ Westminster Presbyterian Church. His blog draws from these and other interests. He delights in the writing freedom of blogging that does not follow a preordained logical structure. The ex post facto logical organization of the posts and comments is set forth in the continually being revised “List of Posts and Comments–Topical” in the Pages section on the right side of the blog.

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