Derek Chauvin Faces Roadblocks in Appealing His Conviction and Sentencing for Second-Degree Murder of George Floyd

Derek Chauvin is facing roadblocks to appealing his conviction and sentencing for second-degree murder of George Floyd that was commenced on September 20 with Chauvin’s notice of appeal, statement of the case, motion to proceed in forma pauperis (IPF) in the Minnesota Court of Appeals and motion to stay this appeal pending the Minnesota Supreme Court’s review of his ineligibility determination for a public defender by the Office of the Minnesota Appellate Public Defender (OMAPD).[1]

The first roadblock occurred on September 24 when the clerk of the appellate courts directed Chauvin within 10 days to (1) pay the $550 filing fee; (2) provide proof of service of the notice of appeal on the district court administrator; and (3) provide proof of service of the appeal papers on the county attorney and attorney general.

The second roadblock was the Minnesota Supreme Court’s October 6th rejection of Chauvin’s appeal from OMAPD’s determination of his ineligibility for a Public Defender in this appeal.  [2] (The Court of Appeals in an  October 8th Order stated his request for the same relief was moot.)

That Court of Appeals’ Order also noted that Chauvin must submit a written request of transcripts within 30 days after the filing of the notice of appeal and that his appellate brief must be submitted within 60 days after the court reporter delivers the transcript.

That Court of Appeals’ Order further noted that because he was not represented by counsel, its rules provided that “the case will be submitted on the briefs and record without oral arguments by any party.” If, however, Chauvin subsequently obtains counsel, he may file a motion requesting oral argument.

These details were incorporated in the Court of Appeals’ Order as follows:

  1. On or before October 15 Chauvin “shall file proof of service of the notice of appeal on the Hennepin County District Court Administrator and proof of service of the notice of appeal and statement of the case on the Minnesota Attorney General.”
  2. Chauvin’s “motion to proceed IFP in this court is denied.”
  3. Chauvin’s “motion to stay this appeal is denied.”
  4. “On or before October 22, 2021, [Chauvin] shall pay the $550 filing fee.”
  5. “On or before October 22, 2021, [Chauvin] shall order a transcript of the district court proceedings from the court reporter and make financial arrangements for the court reporter to file a completed transcript certificate by November 12, 2021.”
  6. Chauvin’s “request for oral argument is denied without prejudice to a subsequent motion for oral argument filed by counsel.”

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[1] Olson, Appeals Court: Derek Chauvin can’t make oral arguments unless he hires a lawyer, StarTribune (Oct. 8, 2021); Order, State v. Chauvin, Minn. Ct. App. #A21-1228 (Oct. 8, 2021).

[2] Minnesota Supreme Court Denies Chauvin’s Request for Public Defender, dwkcommentaries (Oct. 8, 2021).

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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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