The former officer claims he was deprived of a fair trial.
The Minnesota Supreme Court could agree to hear Chauvin’s appeal, in which case it would ask each side for detailed briefs and later set a date for oral arguments. Or it could let the Court of Appeals ruling stand.
Morhman wrote in the petition that the case presents the state Supreme Court with important questions on “developing and clarifying due process requirements to transfer venue when there is unprecedented pervasive pretrial publicity coupled with community violence.” He also wrote that it raises issues about rules regarding juror misconduct. One juror participated in a civil rights event commemorating the Rev. Martin Luther King Jr.’s March on Washington, D.C., a few months after Floyd’s death. Only after the trial did the juror reveal that he had been there. The Court of Appeals declined to send the case back to the trial judge for a hearing on whether the juror’s nondisclosure constituted misconduct.
“Police officers undoubtedly have a challenging, difficult, and sometimes dangerous job. However, no one is above the law,” Judge Peter Reyes wrote for the Court of Appeals last month. “When they commit a crime, they must be held accountable just as those individuals that they lawfully apprehend. The law only permits police officers to use reasonable force when effecting a lawful arrest. Chauvin crossed that line here when he used unreasonable force on Floyd.
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