Derek Chauvin Seeks Stay of 2021 Murder Appeal Over New Due Process Claims

Q: If the court finds the original prosecution was unlawfully authorized, will Derek Chauvin's 2021 murder verdict be completely thrown out?

No. Even if a court were to agree that the prosecution was improperly authorized, that would not automatically mean Chauvin’s 2021 state murder verdict is permanently erased. What happens would depend on how the court classifies the defect and what remedy Minnesota law allows. Chauvin’s lawyers are arguing the problem is a “structural error,” meaning a fundamental flaw that could require the conviction to be vacated without asking whether it affected the outcome. If a court accepted that view, the likely immediate result would be that the state conviction is set aside. But setting aside a conviction is not always the same as ending the case. Courts often send a case back for further proceedings, which can include a new trial or renewed charging by a properly authorized prosecutor, unless the defect is one that legally bars the state from reprosecuting. A dismissal “with prejudice,” which would permanently prevent the case from being brought again, is a much narrower remedy. Chauvin’s filing asks for the charges to be dismissed outright, but that is his requested outcome, not the result at this stage. The appeals court has only been asked to pause the current appeal so the trial court can hear the new claims. Also, Chauvin’s state case is separate from his federal civil-rights conviction and sentence. So even a victory on this state issue would not by itself wipe out his separate federal conviction.

2 articles · Updated · Fox News · Aug 19

Tuesday’s filing asks the Minnesota Court of Appeals to pause Derek Chauvin’s current appeal so his case can return to trial court for a new challenge to his 2021 murder conviction.
Chauvin’s lawyers argue the original prosecution was unlawfully brought, citing Gov. Tim Walz’s assignment of Attorney General Keith Ellison and alleging non-waivable structural errors.
The motion also raises failure to convene a grand jury, lack of court jurisdiction and judicial bias as fresh procedural claims that should be reviewed before the appeal proceeds.
This is Chauvin’s third bid for post-conviction relief after a judge denied his broader petition on May 1; his team appealed that ruling in June.
Chauvin was convicted in April 2021 for George Floyd’s 2020 murder after kneeling on Floyd’s neck for 9 minutes and 29 seconds, a case that helped ignite nationwide protests.