Chauvin’s defense asks judge to deny motion to reinstate 3rd-degree murder count |

Chauvin’s defense asks judge to deny motion to reinstate 3rd-degree murder count

Eric Chaloux
Updated: February 08, 2021 10:15 PM
Created: February 08, 2021 08:47 PM

Former Minneapolis Police Officer Derek Chauvin’s defense lawyer filed court papers Monday to “strongly oppose” prosecutors motion to reinstate a third-degree murder count against his client in the death of George Floyd. 

Last week, state prosecutors asked the Hennepin County court to allow them to reinstate third-degree murder charges,or allow them to file an amended complaint that contains the charge.

Trial to proceed for 4 former officers in death of George Floyd, judge drops 3rd-degree murder charge against Chauvin

It was fueled after the state’s court of appeals upheld former Minneapolis Police officer Mohamed Noor's third-degree murder conviction.

State seeks to reinstate 3rd-degree murder charge against Chauvin following new precedent set in Noor appeal

Chauvin’s attorney, Eric J. Nelson, wrote in court filings "the State has deliberately turned a blind eye to actual binding precedent which clearly establishes that Noor is not, in fact, precedential.”

Nelson contends the court of appeals’ decision has not become final ,writing, It “lacks precedential authority,“ according to the memorandum filed with Hennepin County court.

“If neither party petitions for further review, judgment will not be final—and the decision will not acquire precedential authority—until at least March 3, 2021. At best, the State’s motion is several weeks premature,” Nelson wrote to the court.

There's no indication yet as to when the Hennepin County judge could rule on the state's motion.

Chauvin’s trial is scheduled to begin on March 8 in Minneapolis, according to court records.

On Monday, prosecutors and the defense in Chauvin’s case submitted their potential witness lists to the court.

There are hundreds of names mentioned on both lists.

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