Key hearing in Chauvin case scheduled for Monday at Minnesota Court of Appeals

The Minnesota Court of Appeals on Monday afternoon will hear oral arguments in the case of Derek Chauvin, who’s charged in George Floyd’s death.

Earlier this month, a Hennepin County judge denied prosecutors’ move to charge Chauvin with a lower count of third-degree murder, along with the second-degree murder and manslaughter counts he’s already charged with in Floyd’s death.

Judge denies motion to reinstate 3rd-degree murder charge for Chauvin, add charges for other 3 officers

That’s why prosecutors are now asking the appeals court to review the judge’s action.

"These three appellate court justices will be asking questions of the attorneys from both sides, about the state’s request to reinstate the third-degree murder charges, there won’t be witnesses, there won’t be photographs or evidence in a way we might think about it," University of St. Thomas Associate Law Professor Rachel Moran said. "It’s going to be attorneys talking to the judges."

Here’s how we got to this point. There was a recent Minnesota Court of Appeals decision in the fatal police shooting case involving Mohamed Noor that prosecutors say should allow Chauvin to be charged with third-degree murder, based on the court’s interpretation of the law.

Appeals court upholds Noor murder conviction, denies retrial

But Moran said the Hennepin County judge overseeing Chauvin’s case felt the Noor decision wasn’t final yet, since there was time for an additional appeal to the Minnesota Supreme Court.

Chauvin’s attorney, Eric Nelson, filed a brief with written arguments Friday afternoon ahead of Monday’s hearing, saying, "…the state cannot prove ‘clearly and unequivocally’ that the district court abused its discretion…" when denying the additional charge.

Minnesota Attorney General Keith Ellison said in a statement earlier this week that he believes "the interests of justice are served" by reinstating the third-degree murder charge for the jury to also consider.

Moran said the trial’s start date of March 8 could hinge on the appeals court’s opinion, which she doesn’t expect to come on Monday but possibly later in the week.