Minnesota Supreme Court Denies Chauvin Request for Public Defender     

On October 6, 2021, the Minnesota Supreme Court denied Derek Chauvin’s request for appointment of a public defender for his appeal of his conviction and sentencing for second-degree murder of George Floyd.[1]

Chauvin’s request apparently was made on September 23, when he stated the following to the Office of the Minnesota Appellate Public Defender (OMAPD):

  • “Due to my incarceration, I do not have the sufficient means to retain private counsel for the appeal.”
  • “I currently have no source of income, besides nominal prison wages, nor do I own any real property or vehicles. I am currently unmarried and have no dependents.”
  • “My only assets are two retirement accounts. I would face a significant penalty for early access to these retirement funds.”
  • “The district court case for which I intend to appeal was paid for by the Minneapolis Peace and Police Officer’s Association, and I have been informed that their obligation to pay for my representation terminated upon my conviction and sentencing,”

The OMAPD denied this request and the Supreme Court’s Order in effect affirmed the OMAPD’s conclusion  that Chauvin had not established that “through any combination of liquid assets and current income [he] would be unable to pay the reasonable costs charged by private counsel” for prosecution of this appeal. (Minn. Stat. sec. 611.17(a)(2).)

As the Court stated, “Having reviewed Chauvin’s request, the information provided regarding his assets and debts, and the OMAPD’s determination, we conclude that Chauvin has not established that he is entitled to appointed representation at this time.” (Unfortunately, this blogger was unable to obtain a copy of the OMAPD determination.)

However, the Supreme Court added that this denial “is without prejudice to a future application for such an appointment.”

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[1]  AP, Minnesota court denies Chauvin’s request for public defender, Wash. Post (Oct. 6, 2021); Olson, Supreme Court denies Chauvin’s request for a public defender for appeals in Floyd murder, StarTribune (Oct. 6, 2021); Sarnoff, Derek Chauvin Appeal: Minnesota State Supreme Court Upholds Denial of Request for Public Defender, Law & Crime (Oct. 6, 2021); Order, In re Application of Derek Chauvin for relief from the Ineligibility Determination of the State Public Defender, Minn. Sup. Ct. # ADM08-8001 (Oct. 6, 2021). See generally List of Posts to dwkcommentaries—Topical: George Floyd Killing.