Chauvin listed 14 issues with the process in the appeal, including:
“(1) The court misused its discretion when it denied Appellant’s request for a change of venue or retrial;
(2) The court misused its discretion when it denied the Appellant’s request for continuation or retrial;
(3) The court abused its discretion when it denied Appellant’s requests to incarcerate the jury during the trial;
(4) The state has committed biased misconduct;
(5) The court erred in concluding that Morries Hall’s testimony, or in the alternative Mr. Hall’s statements to law enforcement agencies, are not under Minn. R. Evid fell. 804(b)(3) and was not a violation of the Appellant’s constitutional confrontation rights;
(6) The court erred in allowing the state to present cumulative evidence regarding the use of force;
(7) The court misused its discretion when ordering the state to direct witnesses in direct questioning;
(8) The court abused its discretion when it failed to officially report on the numerous side conferences that took place during court cases;
(9) The court misused its discretion when it refused to allow the Appellant to perform several cause strikes in front of clearly biased jurors during voir dire;
(10) The court abused its discretion by allowing the amending state to add its complaint to the charge of third-degree murder;
(11) The court abused its discretion by strictly limiting and undermining the admissibility of George Floyd’s arrest on May 6, 2019;
(12) The court misused its discretion when it presented instructions to the jury that contained a material error in the law;
(13) The court abused its discretion by rejecting the Appellant’s request for a hearing in Schwartz;
(l4) The court abused its discretion when it dismissed the Appellant’s claim for a retrial after the verdict for misconduct on the part of the juror.”
Many of Chauvin’s arguments had already been brought to court by Eric Nelson, the attorney who represented him in the murder trial. The third-degree murder charge and Hall’s participation in the trial were on that list. Hall, a friend of Floyd’s who was with him before his death, invoked his Fifth Amendment right at the April trial to protect him from self-incrimination. Adrienne Cousins, Hall’s attorney, said in court that Hall’s car was searched twice and drugs were found both times. “This may allow Mr. Hall to charge himself with a future prosecution of third-degree murder,” she said. Judge Peter Cahill agreed.
However, the decision to include the charge of third-degree murder in the case was not so clear-cut. Cahill went back and forth in his decision, but ultimately decided based on the precedent in the case former Minneapolis police officer Mohamed Noor is to be charged in Chauvin’s case. “I feel bound by that,” Cahill said, “and I think it would be an abuse of discretion to… [state’s] movement.”
The Minnesota Supreme Court on Wednesday overturned Noor’s third-degree murder conviction. Noor was convicted of third-degree murder and second-degree manslaughter after shooting and killing a woman who called 911 to report a possible assault behind her home. Noor testified at his 2019 trial that while sitting as a passenger in his partner’s car, he heard a “loud bang on his police car” that scared Noor so much that he reached over his partner to shoot through the driver’s side window. .
Because Noor was only convicted of murder, his case returns to court for manslaughter conviction, which could end in his controlled release around the end of the year, The Associated Press reported. However, Chauvin was convicted of the highest charge he was convicted of, second degree murder. Third-degree murder requires a lower burden of proof than second-degree murder and usually applies when the accused acts in a way that endangers the lives of several people and kills one of those people, MSNBC’s Joy Reid explained during an interview with civil rights lawyer Ben Kruimel. It is unclear whether the recent Minnesota Supreme Court decision would affect Chauvin’s appeal efforts.
In the earlier proceedings against the murderer, Nelson Also spoke to judge Brandon Mitchell about what he was wearing and what he said after a rally commemorating the 57th anniversary of Martin Luther King Jr.’s famous “I Have a Dream” speech. Mitchell, Judge No. 52, told… CBS affiliated WCCO he attended the event to go to a related voter registration meeting, explaining that a photo of him in a T-shirt with King’s image and the words “Get your knee off our neck” and “BLM” was only meant to make a broader reference to the circumstances of 2020. Nelson asked Mitchell how protests related to the facts and evidence of the case during jury selection, and he replied that they were not. “Well, there’s no connection between the protest and the facts,” Mitchell said. “The facts are the facts. There is no connection between those two things.” Nelson later struck when he was given a mistrial over Mitchell and Rep. Maxine Waters.
Before the jury was locked up for deliberation, Waters answered an interviewer’s question about what protesters should do if Chauvin is not convicted: “We need to confront more. We need to make sure they know we mean it.”
With that, Nelson raised the possibility of a mistrial and said the jury should have been sequestered from the start of the trial. “My phone is giving me notifications about things that just happened. I mean, there’s no getting around it, and it’s so ubiquitous that I just don’t know how this jury can really be said to be free of the taint of this,” Nelson said. “And now that we have US representatives threatening violence in connection with this particular case, I find it mind-boggling to judge.”
Cahill admonished Waters, but ruled that her comments were not grounds for a mistrial. “Well, I admit that Congressman Waters may have given you something on appeal that could lead to this whole lawsuit being quashed (…),” Cahill said.
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