As previously reported, in April 2021, a jury in Hennepin County District Court returned a verdict that Derek Chauvin was guilty on all three counts (second degree murder, third-degree murder and second-degree manslaughter) of George Floyd in May 2020. In June 2021 that court imposed a sentence of 22.5 years imprisonment on Mr. Chauvin for these crimes.[1]
On April 17, 2023, the Minnesota Court of Appeals affirmed that conviction.[2]
On May 17, 2023, Chauvin appealed that decision to the Minnesota Supreme Court, stating that the legal issues to be reviewed were the following:
- “Whether the district court’s failure to either transfer venue, delay the trial or sequester the jury deprived Petitioner of state rights and constitutional due process to a fair trial because (i) the district court failed to presume juror prejudice due to pervasive adverse publicity and violence in the community or (ii) the district court abused its discretion.”
- “Whether (i) police officers acting to effect lawful arrests can be convicted of second- degree felony murder when the predicate felony required only intent to contact, with no subjective intent to use what is later adjudicated as objectively unreasonable force or (ii) Minnesota should abrogate felony murder where the predicate felony is assault.”
- “Whether the jury instruction on ‘reasonableness’ police use-of-force was material error.”
- “Whether upward sentence departures are misapplied when defendant’s conduct was without subjective intent.”
- Whether denying a Schwartz hearing after defendant presented prima facie evidence of juror misconduct deprives defendants of the constitutional right to trial by impartial jury.”[3]
The Minnesota Supreme Court could decline to review the Court of Appeals decision or decide to conduct such a review after the parties submit detailed briefs and present arguments at a hearing and thereafter submit the Supreme Court’s decision.
This blogger thinks that the Supreme Court probably will decline to grant review. In the meantime, Chauvin is serving concurrent state and federal convictions for Floyd’s killing in a federal prison.
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[1] Derek Chauvin Trial: Week Seven (CONVICTION), dwkcommentaries.com (April 21, 2021); Derek Chauvin Trial: Chauvin Sentenced to 22.5 Years Imprisonment, dwkcommentaries.com (June 28, 2021).
[2] Minnesota Court of Appeals Affirms Chauvin’s State Court Conviction for Killing of George Floyd, dwkcommentaries.com (April 19, 2023).
[3] Karnowski (AP), Chauvin appeals conviction in George Floyd’s murder to the Minnesota Supreme Court, StarTribune (May 17, 2023); Petition for Review, Chauvin v.State, Minn. Sup. Ct. # A21-1228 (May 17, 2023).
