U.S. Government Opposes Derek Chauvin’s Motion To Vacate, Set Aside or Correct His Judgment of Guilt and Sentence for Killing George Floyd 

As previously noted, on November 13. 2023, Derek Chauvin (without legal counsel) filed a motion in the U.S. District Court for the District of Minnesota to vacate his conviction and sentencing by that court, which was based on his guilty plea, for the murder and manslaughter of George Floyd.[1]

Federal Government’s Opposition to Chauvin Motion[2]

On January 12, 2024, the Federal Government filed its opposition to that Chauvin motion for the following reasons: his guilty plea waived the right to challenge that conviction except for a claim of ineffective assistance of counsel, which fails on its merits and, therefore, “conclusively show that [Chauvin] is not entitled to relief.”

The Government’ opposition then uses about 10 pages of citations to legal authorities and argument to conclude that Chauvin’s motion should be denied without a hearing because the “files and record of the case conclusively show that the prisoner is entitled to no relief” or “the claim is inadequate on its face or if the record affirmatively refutes the factual assertions upon which it is based.”

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[1] Response to Derek Chauvin’s Federal Motion for New Trial for Killing George Floyd, dwkcommentaries.com (Nov. 26, 2023).

[2] Government’s Opposition to Defendant’s Motion To Vacate. Set Aside. Or Correct Sentence Under 28 U.S.C.sec. 2255. United States v. Derek Michael Chauvin, Case 0:21-cr-00108-PAM-TNL, U.S. Dist. Ct., D. MN (Jan. 12, 2024).

 

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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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