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Chauvin’s lawyer seeks new trial, hearing to impeach verdict

Doc7505

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Chauvin’s lawyer seeks new trial, hearing to impeach verdict

MINNEAPOLIS (AP) — The defense attorney for the former Minneapolis police officer convicted of killing George Floyd has requested a new trial, saying the court abused its discretion, and he wants a hearing to have the verdict impeached because of what he says is jury misconduct, according to a court document filed Tuesday.
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Brandt said Nelson will likely file more detailed written arguments on these issues. The purpose of holding a hearing to impeach the verdict would be to develop a factual record and present evidence that could determine whether the verdict was compromised. If a hearing is granted, it’s likely Mitchell would be called in to answer questions, Brandt said.
 

Scottish_Brexiteer_UK

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Good luck to him.

He's been made a sacrificial lamb. Don't care what anyone says.

It's not even an issue of right-wing vs left-wing or Democrat vs Republican - the future of American justice hinges on it.

I keep saying that I watched the closing of the trial where the judge and the prosecution to the jury, I've never seen anything so corrupt in my life in regards to what they could and could not take into account. They were basically told to discount everything and return a guilty verdict and that's before getting started on the external factors like senators and your own president, Biden, saying he hope's he's found guilty.

The USA at the moment is a banana republic.
 
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DudleySmith

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Good luck to him.

He's been made a sacrificial lamb. Don't care what anyone says.

It's not even an issue of right-wing vs left-wing or Democrat vs Republican - the future of American justice hinges on it.

I keep saying that I watched the closing of the trial and the judge/prosecutions to the jury, I've never seen anything so corrupt in my life in regards to what they could and could not take into account. They were basically told to discount everything and return a guilty verdict and that's before getting started on the external factors like senators and your own president, Biden, saying he hope's he's found guilty.

The USA at the moment is a banana republic.

Quoted for truth. He was found 'guilty' before they even picked a jury; the charges were entirely phony.
 

JoeB131

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MINNEAPOLIS (AP) — The defense attorney for the former Minneapolis police officer convicted of killing George Floyd has requested a new trial, saying the court abused its discretion, and he wants a hearing to have the verdict impeached because of what he says is jury misconduct, according to a court document filed Tuesday.
~Snip~
Brandt said Nelson will likely file more detailed written arguments on these issues. The purpose of holding a hearing to impeach the verdict would be to develop a factual record and present evidence that could determine whether the verdict was compromised. If a hearing is granted, it’s likely Mitchell would be called in to answer questions, Brandt said.

And you'll still have the same problem. Chauvin is clearly caught doing exactly what he is accused of on tape.
 
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occupied

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Killcop's lawyers are just doing their jobs but those who have chosen to defend this guy picked a pretty crappy hill to die on. There is no scenario where killcop gets to walk free.
 
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Toffeenut Baconsmuggler

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He's a scapegoat for Beijing Bidens New Commiemerica.
But like most scapegoats, he'll be dragged through the courts for a few years, then let go. Scapegoats usually only "serve time" while they are being dragged through the courts while the public is watching. Once the public is no longer interested, the court will let him go free.

Chauvins life will be shredded by then. He'll be lucky to be able to get a job at Handy Randy's House of Sex Dolls, if at all.
 

JackOfNoTrades

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Appeal away. That is your right in this country. But it likely won't change anything. Getting by that video is gonna be tough.
He did exactly what he was accused of doing. And was found guilty for it. A good conviction. Good luck getting it vacated. :)
 
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struth

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A couple issues....
1) I do think there is a legal issue in regards to the sufficiency of the evidence as to 2nd Degree Murder
2) as the the manslaughter and 3rd degree charges, I personally think the evidence showed that he was guilty of either or
3) that however, doesn't take away from the facts regarding the threats of violence if the jury didn't return what the mob wanted, a juror's partaking in riots and protesting related to victim...essentially the defendant's due process rights
 

Scottish_Brexiteer_UK

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I'm just reading there one of the jury has an extensive BLM background. It's all on his social media.

This would have been 100% intentional. I was reading before the verdict was returned that the jury was selected from a much larger pool after everyone was interviewed, audited and vetted. The state would have known fine well about this guys BLM leanings and would have been only too happy to include him on duty as part of this big stitch-up.
 

StormAl

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Chauvin’s lawyer seeks new trial, hearing to impeach verdict

MINNEAPOLIS (AP) — The defense attorney for the former Minneapolis police officer convicted of killing George Floyd has requested a new trial, saying the court abused its discretion, and he wants a hearing to have the verdict impeached because of what he says is jury misconduct, according to a court document filed Tuesday.
~Snip~
Brandt said Nelson will likely file more detailed written arguments on these issues. The purpose of holding a hearing to impeach the verdict would be to develop a factual record and present evidence that could determine whether the verdict was compromised. If a hearing is granted, it’s likely Mitchell would be called in to answer questions, Brandt said.
Of course, Chauvin's lawyer wants to impeach the verdict.
 
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007

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And so it begins, and we all knew it would. Since the judge didn't have the spine to declare a mistrial, the challenges now begin.

-------------

Lawyer for Derek Chauvin Files Motion to Impeach Verdict: “Proceedings Deprived Client of Fair Trial”


The lawyer for convicted former Minnesota police officer Derek Chauvin filed a motion to retry the case Tuesday claiming the court deprived his client of a fair trial as prescribed by the US Constitution.

Last month, a jury found Chauvin guilty on three charges, including second and third-degree murder and second-degree manslaughter, following the death of George Floyd last summer.

On Tuesday, Chauvin’s defense attorney Eric Nelson filed a motion claiming there was significant “prosecutorial and jury misconduct,” in addition to “errors of law at trial; and a verdict that is contrary to law.”

Here are a list of ways the court “deprived the Defendant of a fair trial,” according to Nelson, as reported by KARE11.com:

Denial of a change of venue
Publicity surrounding the case
Failure to sequester the jury
Prosecutorial misconduct by allegedly disparaging the defense and failing to adequately prepare witnesses
The court’s failure to order testimony from Morries Hall, who was with George Floyd on the day of his death
Jury instructions that “failed to accurately reflect the law” on the murder charges
Allowing the state to “present cumulative evidence” on use of force
The court allowed the state to “lead witnesses on direct examination”
The court failed to order a record of “numerous sidebars that occurred during the trial”
Nelson says, “The cumulative effect of the multiple errors in these proceedings deprived Mr. Chauvin of a fair trial, in violation of his constitutional rights.”

Nelson’s motion also reportedly asked the court to “impeach” the verdict citing “jury misconduct,” after reports surfaced Tuesday that juror Brandon Mitchell had attended at least one BLM rally while wearing a shirt that read “Get your knee off our necks” prior to serving on the jury.

Mitchell’s attendance at the “Commitment March: Get Your Knee Off Our Necks” rally in August 2020 would be a basis to argue that the jury was not impartial, and a judge could declare a mistrial based on answers he gives during a Schwartz hearing.

 

JOSweetHeart

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What difference would a new trial make when those who decide the fate can always be influenced to go either way at any time just like what may have already happened?

God bless you always!!!

Holly
 

Ray From Cleveland

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I'm just reading there one of the jury has an extensive BLM background. It's all on his social media.

This would have been 100% intentional. I was reading before the verdict was returned that the jury was selected from a much larger pool after everyone was interviewed, audited and vetted. The state would have known fine well about this guys BLM leanings and would have been only too happy to include him on duty as part of this big stitch-up.

They even have pictures of him at one of Floyd's protests. When asked if he was a Floyd activist, he answered no he wasn't. Mind you, he's the only one that got caught. I'm sure most of the jurors had their minds made up before they entered the court room or heard any evidence.
 

Ray From Cleveland

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Appeal away. That is your right in this country. But it likely won't change anything. Getting by that video is gonna be tough.
He did exactly what he was accused of doing. And was found guilty for it. A good conviction. Good luck getting it vacated. :)


Amendment VI​

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
 

Ray From Cleveland

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It's not even an issue of right-wing vs left-wing or Democrat vs Republican

I'm afraid it is right vs left. The right in our country fully support our police and the left totally hate our police. The left always sides with evil and the right always sides with the good in any controversial situation.
 

StormAl

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If Chauvin is retried and convicted, get ready for the Caucasian riots.
 
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Lesh

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I'm just reading there one of the jury has an extensive BLM background. It's all on his social media.

This would have been 100% intentional. I was reading before the verdict was returned that the jury was selected from a much larger pool after everyone was interviewed, audited and vetted. The state would have known fine well about this guys BLM leanings and would have been only too happy to include him on duty as part of this big stitch-up.

They even have pictures of him at one of Floyd's protests. When asked if he was a Floyd activist, he answered no he wasn't. Mind you, he's the only one that got caught. I'm sure most of the jurors had their minds made up before they entered the court room or heard any evidence.
Unless he lied during jury selection none of that (if true) matters

The Defense CHOSE this juror and had adequate time to question him.
 

Scottish_Brexiteer_UK

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I'm just reading there one of the jury has an extensive BLM background. It's all on his social media.

This would have been 100% intentional. I was reading before the verdict was returned that the jury was selected from a much larger pool after everyone was interviewed, audited and vetted. The state would have known fine well about this guys BLM leanings and would have been only too happy to include him on duty as part of this big stitch-up.

They even have pictures of him at one of Floyd's protests. When asked if he was a Floyd activist, he answered no he wasn't. Mind you, he's the only one that got caught. I'm sure most of the jurors had their minds made up before they entered the court room or heard any evidence.
Unless he lied during jury selection none of that (if true) matters

The Defense CHOSE this juror and had adequate time to question him.
Can you link me to where the defence chose this juror? not saying I don't believe you I'm genuinely interested, because If that's 100% true then there's no way they can then go back and use that as an excuse for a retrial or use it as one of a few factors in their reasoning for it.

Would be redacted straight out from their appeal lodgings. Rightly so.
 

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