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Derek Chauvin Motions For New Trial

Minneapolis ex-cop Derek Chauvin was convicted of 2nd degree murder, 3rd degree murder, and 2nd degree manslaughter for killing George Floyd.  On April 30, 2021, state prosecutors and Chauvin’s defense attorney argued in separate filings whether certain conditions should be considered in Chauvin’s sentencing.  The prosecution’s filing argues 5 aggravated factors for consideration.  Chauvin is scheduled to be sentenced on June 16 or 25, 2021, depending on what source you read.   Chavin’s opposition for aggravating sentencing factors is linked here.

On May 4, 2021, Chauvin’s defense attorney filed a motion for a new trial.  The motion is linked here.

I noticed on Twitter that some of Chauvin’s supporters represent the motion is for a mistrial or dismissal, and their presentation is focused on a juror attending a protest.   Chauvin’s motion is for a new trial — a do-over.  According to the Minnesota Rules for Criminal Procedure, Post Verdict Motions;

“A motion for new trial must be based on the record. Pertinent facts that are not in the record may be submitted by affidavit, or statements signed under penalty of perjury pursuant to Minnesota Statutes, …”

To get the court to consider the juror, Chauvin must produce affidavits, or statements signed under penalty of perjury.  If I remember my teachings correctly, it cannot be hearsay.  In other words, the statement must come from the juror or someone with direct knowledge that the juror was biased against Chavin and dishonest in his juror questionnaire.  It must be signed under penalty of perjury.  I do not think that a video of the juror and a photo taken from social media will substitute for sworn testimony.   Of course, this is too long to put in a tweet.  Anyway, we shall see what the court decides.

Stay safe.  Wear a mask when out in public.  Get vaccinated for Covid-19.  Be blessed.

 

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