Chauvin’s Desperate Hail Mary to Erase Floyd Conviction
Derek Chauvin Tries Again to Overturn His Murder Conviction – Here’s What’s Happening
Who Is Derek Chauvin and What Happened?
Derek Chauvin is a former police officer from Minneapolis, Minnesota. In May 2020, he arrested a man named George Floyd. During the arrest, Chauvin kneeled on Floyd’s neck for 9 minutes and 29 seconds while Floyd was lying face down, handcuffed, on the ground. Floyd stopped breathing and later died.
Simple Explanation: Think of it like someone pressing their knee on another person’s neck for almost 10 minutes while that person is already tied up and lying on the ground. The person couldn’t breathe and died.
In April 2021, a jury found Chauvin guilty of:
- Second-degree murder
- Third-degree murder
- Second-degree manslaughter
He was sent to prison.
What Is Chauvin Doing Now?
Chauvin isn’t giving up. He’s trying for the third time to get his conviction erased or get a new trial.
The Latest Move (Filed Tuesday)
His lawyers filed a motion (a formal request to the court) asking the Minnesota Court of Appeals to pause his current appeal.
Why pause it? So they can go back to the original trial court and make brand-new arguments that his trial was unfair from the very beginning.
Important Callout: This is Chauvin’s third petition for conviction relief. The previous one was denied on May 1 (after being filed in November 2025).
The New Legal Arguments – Explained Simply
Chauvin’s lawyers claim four "structural errors" – these are mistakes so serious that they automatically make a trial unfair, no matter what. You can’t "waive" (give up) these rights, even if you didn’t complain at the time.
| # | Claim | What It Means (ELI5) |
|---|---|---|
| 1 | Improper Prosecutor Assignment | Governor Tim Walz gave the case to Attorney General Keith Ellison to prosecute. Chauvin’s team says the Governor didn’t have the power to do that. |
| 2 | No Grand Jury | A grand jury is a group of regular people who decide if there’s enough evidence to charge someone. Chauvin says he never got one – and he should have. |
| 3 | Lack of Court Jurisdiction | "Jurisdiction" means the court’s official power to hear a case. The defense says the court didn’t have the legal authority to try Chauvin. |
| 4 | Judicial Bias | They claim the judge was unfair or prejudiced against Chauvin from the start. |
Key Term: "Structural Errors" = Mistakes that break the basic framework of a fair trial. If proven, the conviction must be overturned – no "harmless error" excuses allowed.
Why This Matters
IMPORTANT POINT
If a court agrees that even one of these "structural errors" happened, Chauvin’s conviction could be thrown out entirely – meaning he might get a brand-new trial or even go free. This is a very high bar to clear, but it’s the strongest type of legal challenge there is.
What Happens Next? (Step by Step)
- Court of Appeals Decides – The appeals court will decide whether to pause (stay) Chauvin’s current appeal.
- If Paused – The case goes back to the trial court (the original court that convicted him).
- Trial Court Hears New Arguments – Chauvin’s lawyers present their four "structural error" claims.
- Trial Court Rules – The judge decides if any errors actually happened and if they require overturning the conviction.
- Possible Outcomes:
- Conviction stands – Chauvin stays in prison, appeal continues.
- Conviction vacated – Chauvin gets a new trial (or charges dismissed).
- Appeals continue – Either side can appeal the trial court’s decision.
Summary
- Derek Chauvin was convicted in 2021 for murdering George Floyd in 2020.
- He’s now filing his third attempt to overturn that conviction.
- His new strategy: pause his appeal → go back to trial court → argue four "structural errors".
- These errors include: wrong prosecutor assigned, no grand jury, court lacked jurisdiction, and judge was biased.
- If any structural error is proven, the conviction must be overturned.
- The appeals court must first agree to pause the current appeal for this to move forward.
FAQ
Q1: What is a "structural error" in simple terms?
A: It’s a mistake that breaks the basic foundation of a fair trial. Think of it like building a house on a cracked foundation – it doesn’t matter how nice the house looks, the whole thing is unsafe. If a structural error happened, the law says the conviction automatically gets thrown out.
Q2: Why does the Governor assigning a prosecutor matter?
A: In Minnesota, county attorneys usually handle murder cases. But Governor Tim Walz stepped in and gave the case to the State Attorney General (Keith Ellison) instead. Chauvin’s lawyers say the Governor didn’t have the legal authority to do that – like a principal firing a teacher without the school board’s permission.
Q3: What’s a grand jury and why does Chauvin say he needed one?
A: A grand jury is a group of 16-23 regular citizens who secretly review evidence and decide if someone should be formally charged with a serious crime. For certain major crimes (like first-degree murder), the Constitution requires a grand jury. Chauvin says he was charged with serious crimes without one.
Q4: Has Chauvin tried this before?
A: Yes. This is his third petition for post-conviction relief. The last one was denied on May 1, 2025 (filed November 2024). He also has a regular appeal going on right now – that’s the one he wants to pause.
Q5: Could Chauvin actually go free?
A: It’s possible but very unlikely. Courts rarely overturn convictions on structural error grounds, especially after a full trial with a jury verdict. But legally, if he proves even one structural error, the law requires the conviction to be vacated. He’d likely get a new trial, not just walk free immediately.