SCOTUS Refused to Consider Derek Chauvin’s Appeal for New Trial in George Floyd Death
SCOTUS didn’t even provide a comment or reasoning.
The Supreme Court, without comment, rejected to hear former Minneapolis police officer Derek Chauvin’s appeal for a new trial.
Chauvin claimed the Minnesota state courts did not give him a fair trial, thus denying him the right to a fair trial that the Sixth Amendment protects.
The state charged Chauvin with the death of George Floyd in May 2020. The death led to many destructive and fiery riots across the nation.
A jury found Chauvin guilty of second and third-degree murder in August 2021. He received 22 1/2 years.
Chauvin’s attorneys mentioned “the new military-style fortification of the courthouse” and Minneapolis. They insisted the security and attention raised the concern for the jurists, which in turn, pressured them to convict Chauvin “lest they, their families, and their community face further violence.”
The attorneys added that Chauvin “was, in essence, tried by a jury under the menacing eye of a violent mob demanding conviction.”
The attorneys slammed the state courts, especially their reasoning, for ignoring potential harm to the jurors and the city and how the attention could prejudice the pool:
The trial court and the Minnesota Court of Appeals should have presumed that this potent threat of harm to the jurors and the community prejudiced the jury pool. But in considering the motion to transfer, the district court focused on the publicity surrounding Mr. Floyd’s death and the trial. Repeatedly noting the district court’s “wide discretion” in this regard, the Minnesota Court of Appeals remarkably added that other cases “involved circumstances more extreme than those in [Petitioner’s] trial.” This is not only absurd, but the lower courts wholly failed to consider the palpable threat of harm to the jurors, their families, and their community from a “not guilty” verdict. It is now an unfortunate given that every police-involved critical incident is immediately criticized by significant segments of American society—regardless of the facts. Under these extreme circumstances, the failure to transfer the trial to less dangerous venue denied Petitioner his Sixth Amendment right to a fair trial.
It does not take a lawyer or law student to know that Chauvin did not receive a fair trial.
Chauvin did not get a fair trial. Professor Jacobson wrote:
I wrote near the end of the trial that there was evidence that Chauvin kept the pressure on Floyd too long, even after he was subdued, handcuffed, and unconscious, and that could provide a basis for conviction. It is possible that someone was guilty of a crime, but also did not receive a constitutionally required fair trial. This is such a case.
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Comments
It sounds like the Supreme Court didn’t want hordes of crazed lunatics over running their building and threatening them.
Don’t blame them. Who will protect them?? It hasn’t happened yet, when they needed it.
Are you f’ing kidding? These clowns enjoy lifetime appointments, have vast resources as well as federal marshals. Yet still disgraceful avoid doing their duty because of political cowardice. This dereliction of duty should be justification enough for their removal.
Ehh? sometimes the cure can be worse than the disease.
You’re going to give the decrepit, decerebrate pResident (or his good buddy George Soros) a chance to totally screw up our justice System? No way, José !
No rule that you can’t wait until that senile fraud is out of office. Not realistic in any event but the Court yet again proves it does not deserve the respect some give them, and badly needs reform, which also will never happen.
I guess it is still too early to recieve impartial justice and a fair trial. Unfortunately, the Supreme Court has been successfully intimidated by the mob. Maybe when sanity has been restored to our government, they will re-visit this questionable trial and potentially unhust verdict.
Chauvin was a human sacrifice to the mob.
The tolerance of such miscarriages of justice has a limit, and I sense we’re getting terribly close to that limit.
Read Federalist 65 and your constitution. Yes there is. The constitution lays out grounds to impeach and that isn’t one of them
Basically, they are too chickensh*t to do the job to which they have a lifetime appointment.
Reports are that Roberts nixed Trump’s election challenge because he didn’t wanna start a riot
Or be uninvited to the right cocktail parties.
The WEF has a lot more control over these folks other than not going to cocktail parties .
Maybe but he will be in prison on fed convict until 2038. He will probably be on probation on state conviction in 2035. Why would the SC take a case that will have no impact on prison time?
To send a message. Lawlessness has reached the point that it may require the public taking action. It is a damn shame.
“If you want to send a message, call Western Union”. It’s not SCOTUS’s job.
Some federal judges overseeing J6 trials sure seem to think that’s their job. And a certain state judge in NY too.
First of all, they’re not SCOTUS. SCOTUS’s job is very different from theirs and much more limited.
Second, they’re wrong. Expecting SCOTUS to follow their example would be even wronger.
Imagine spending all that time in prison because you failed to save a junkie from an overdose
So let me get this straight,…if I throw an old lady to the ground and steal her purse and she has a fatal heart attack, I’m not responsible for her death because she had a bad heart?
That is an incorrect analogy.
If an old lady is driving under the influence, you pull her over, arrest her, try to get her into the police cruiser, then she resists and demands that you put her on the ground because she’s claustrophobic, you put her on the ground, and then she has a fatal heart attack because she has a bad heart – nope, not responsible.
Floyd’s arrest was legitimate. His resistance to that arrest and his self-overdose was the direct cause of his death. Chauvin might have, in some alternate universe, been able to get Floyd medical attention sooner, and perhaps he could have handled the threatening mob better (or perhaps the mob could have just not been there), but Chauvin’s actions were reasonable, even if not perfect.
Research the term comparative negligence and you’ll find your answer. Bad analogy
interesting take on the cause of Floyd’s death
Possibly a tumor located in floyd’s hip released toxins combined with the meth in the system that caused the bad heart to quit.
https://spectator.org/how-george-floyd-actually-died/
My prior thought was the death was caused by the fluid in the lungs which prevented the Alveoli (air sacs in lungs) from exchanging oxygen into the blood stream.
Not just overrunning their building. The leftists have already demonstrated a willingness to threaten them–and their families–in their homes, their children’s schools, etc.
Chauvin must think–why didn’t I call in sick that day?
Oh well, three meals and a cot for life. He had to be sacrificed for the memory of St. Floyd of Fentanyl.
It may not have been Fentanyl
The article I linked to above (and below) indicates it may have been meth and a tumor in the hip. apparently the meth triggered the release of toxic chemicals in the tumor which is what did the heart in.
I was always under the belief that the fluid in lungs from the fentanyl blocked the alveoli from exchanging oxygen in the lungs into the blood stream.
https://spectator.org/how-george-floyd-actually-died/
Or, they were already threatened directly by those hordes of crazies, and didn’t feel like they could protect themselves from those threats.
1) Justice is a rationed product that is kept on a tight leash in our judicial system.
2) Why would anyone want to apply to be a cop in Minneapolis?
3) Why, other than conceivable immediate proximity to retirement, would any cop in Minneapolis remain a cop in Minneapolis.
Subotai Bahadur
Innocent man got railroaded by politics
Not only was justice not served but a monster of society was made into a saint. If this had happened to a white man with all of the baggage that Floyd had, it would have never made the msm. Or if it had been noticed, it would have read, “Hyped-up druggie confronted by police dies from overdose”.
Floyd’s death caused no riots. The actions of the media and the political class did.
Just another exhibit in making the case that our country is lost. The nation that I devoted 21 years of service to no longer exists.
We are still trying to work within a system that is clearly broken.
Soap Box – Censored
Ballot Box – Stolen
Jury Box – Compromised through either fear or political corruption
There’s only one box left. I can only pray that I’m dead and gone before that one gets broken open in earnest, because it’s going to get nasty.
To be honest, I’m fairly shocked that it hasn’t already happened.
It is happening in pockets on the fringe of the mentally ill. It takes a mainstream coordinated effort for a revolution to occur.
I also don’t think any revolution is occurring in today’s larger and more technological world without sponsorship from at least one sizable government.
It’s a Constitutional violation but not a Constitutional question.
if it is a violation, then it becomes the question
TY.,. but why didn’t they at least explain?… that would have helped,, but we got zilch..
I can’t believe any rational person would endorse the notion that he got anything resembling a fair trial after the mob literally razed entire city blocks to the ground The Court and all the subordinate courts should be ashamed of themselves.
I would love to know how many death certificates the Hennepin County ME signed prior to Floyd’s death where he attributed death to Fentanyl overdose with a blood concentration less than 5.9 ng/ml (the same concentration that Floyd had). I bet the number is measured in scores, maybe hundreds.
I wonder how many he signed with that concentration (or less) AFTER Floyd’s death.
And the jury was not sequestered and had to walk past mobs every single day.
He is The Obe Ysed For An Example.
Regulars here know I am not exactly a badge licker, but this case is so clearly a railroading that anyone who is honest can see it.
One Used…
That is a real study in cowardice and the death of the Rule of Law. Chauvin got railroaded and every single person knows it. The people who should be in jail are all the insurrecitonist rioters – which is exactly what that was – and the government officials who were their accomplices, of which there are so, so many. The Democrat party declared war on America in 2020. And now there is Traitor Joe in the Oval Office trying to finish the job.
Worst. Insurrection. Ever. Watch the videos of people calmly walking in the hallways. Oooh, scary.
I was talking about 2020.
https://nypost.com/2023/11/20/opinion/real-truth-aid-the-floyd-lies/
and so much more
https://www.thefallofminneapolis.com/
That all sounds nice only if you are convinced that Floyd would have died at that point in time absent any contact with Chauvin
That’s a non-sequitur.
Basically what you’re saying is that if the Police hadn’t tried to arrest him, he’d still be alive today.
That is probably true, but irrelevant. He committed a crime and then resisted arrest. The Police interaction was completely justified and a direct result of Floyd’s own actions and decisions.
We specifically empower Police with the authority to place suspects into custody when sufficient probable cause that they committed a crime exists. Unless you’re arguing that Police shouldn’t even attempt to arrest criminals because it might not be good for their health, your point is nonsensical.
After Floyd ingested his stash, as he did the first time when confronted with cops which led to a hospitalization, the clock started. Chauvin did not hasten his death other than keeping him pinned but had no way to know he had ingested a lethal dose. Even if a neck compression, anatomy is such that the trachea was not compromised… as shown in the autopsy. It the cops had let him go without detention… Floyd would have died.
Yes.. it happened before.
Deep State Rules the Day
It was obvious Derek was railroaded.to me, feel very sorry for him just as any Russian Gulag inmate.
https://www.dailymail.co.uk/news/article-12771037/Derek-Chauvin-speaks-prison-new-George-Floyd-documentary-Fall-Minneapolis-trial-sham.html
another good article about the documentary
Jesse did a long segment on this. SMH So much information was withheld.
I recommend this documentary. It makes several good points. Unfortunately, it doesn’t address two of the factors that got Chauvin convicted… The testimony of Dr. Tobin and the failure of Chauvin to put Floyd in the side, recovery position after he stopped resisting.
I remember professor Jacobson describing Tobin’s testimony as hocus pocus or junk science. That’s how I saw it.
As for the recovery position… I believe the hostile crowd distracted the officers and contributed to that decision.
For everyone who has serious interest in this case, I provide the link to Powerline blog post by Scott Johnson which contains the movie The Fall of Minneapolis:
https://www.powerlineblog.com/archives/2023/11/the-fall-of-minneapolis-the-film.php.
No clear thinking person can deny the gross injustice done to the convicted police officers.
Shame on the Supreme Court for allowing this travesty of justice to continue.
Hear! Hear!
Without fear or favor.. Well that has gone to crp now too.
Simply put, the court is scared of the inmate activists.
Bob Ferguson is currently lyncing 4 police officers in Wa.
Getting no national attention
One is an Auburn cop who shot a guy on a rampage busting up a C store.
The others (three I believe) had a very similar situation to George Floyd. Perp with mental issues, drug issues and long history of violent and erratic behavior died while on a rampage in in custody.
ZERO national attention.
May God’s wrath fall on those voters.
Our SCJ are cowards
Cowards.
stop reading my mind.
SCOTUS takes up roughly 80ish cases each term max. They reject 100+ cases for each case they accept. They simply can’t hear every case. It’s not really surprising they rejected this one. There are lots of folks sitting in Federal prison who got less than a fair shake and Chauvin is, IMO, definitely in that category.
But this one stands out as having been part and parcel of the worst civil disturbance this country has seen, short of the War Between the States. This was a real insurrection attempt in action (the mayor of Seattle even tried to give away American territory to a gang of CHAZ idiots) and Chauvin was being falsely convicted just to try and satisfy a little bit of the insurrectionist crowd’s bloodlust, along with helping the dems and other leftists in their own anti-American political and governmental pursuits.
I can hardly think of many cases more worthy of the SCOTUS’ attention than what happened to Officer Chauvin, doing his job professionally and appropriately against the worst odds and against a completely insane, belligerent, demented populace.
Oh please his case is extremely prejudice and the world knows it
It’s exactly the case the court should have addressed.
Of course, but this case tore apart the entire nation. They should have provided some kind of reason. Now it looks like they were scared… Their silence is deafening. Not to mention bad optics.
From that great philosopher CeeLo Green.
Ha, now ain’t that some shit?
Jesse Waters had a woman on his show who has made a documentary about the whole event and she has some startling evidence. The FBI was involved within 24 hours which had never happened in MN before. The Mayor, the chief of police, the deputy chief of police, the coroner, and almost everyone involved at the beginning lied about what had happened. They have a video of an arrest of Floyd a year earlier where he shouted the exact same things, “I can’t breathe” while sitting in his car. The chief said they had never had any run-ins with Floyd before when he had been under drug-related surveillance a year earlier. The initial coroner’s report said there was no evidence of neck or throat bruising and that he had a fatal level of Fentyanol in his blood along with other drugs and one of his arteries was almost totally closed. All of the MN police had been trained in the use of a knee to restrain drug-hyped perps. The chief and his deputy both said they had never heard of the technique. He was yelling that he couldn’t breathe when they were trying to get him into the squad car. It looks like another setup by the FBI.
Yep, which is why they didn’t even consider arresting Chauvin in the beginning. They knew that he was innocent. It was Dr. Michael Baden, sticking his fat face in the case, when the idea that poor 6’6″, 300 lb Boy George was crushed to death by Chauvin, though all of the actual reports and bloood workups were kept secret from everyone …
It was absolutely pathetic and disgusting.
I just finished watching that. I had heard about the neck training.. but I didn’t understand how their own chief of police lied,,, if you believe the documentary. SMH
Thank you, Prof. Jacobson, for making the distinction. It would have been better to have moved the trial to another county but I recall that that request was denied.
I think that SCOTUS turned the page and does not want to bother with this case but if the defendant had been brown skinned, they would definitely have taken up the case. Sorry to say.
And do you remember the judge’s reasoning for why he would not allow the case to be tried at an alternate location? It was because he did not believe Chauvin would get a fairer trial there either. Which means that if there is no way a defendant can get a fair trial, the case should be thrown out. That and many other examples were the original judicial cowardice. This Supreme Court edition is only the latest.
The current administration has already signaled that they will not defend the SC justices if the leftist mobs go after them, and if they took up this case, the mob would be howling around each of the conservative’s houses every night until they killed one of them. Then ol’ Joe would appoint a dyed-in-the-wool leftist to the court in about a week. The Left has abandoned the rule of law in regard to their enemies. The law is now what they say it is, and anybody who objects is an enemy.
One thing SCOTUS justices are great at is running from controversy. The officer deserves a new trial because he did exactly what the MPD training commanded: keep the victim in the recovery position until paramedics take over; which paramedics refused to do because of the threatening crowd. But nobody ever lost money betting SCOTUS justices are cowards at heart—or corrupt in case of leftist justices.
Chauvin had no way of knowing floyd’s medical history and use of fentanyl. It was obvious accident. Police are human and make mistakes. Five year sentence.
Trump can’t pardon him on the state conviction but he can on the federal, or at least commute the sentence on his way out in 2029. . Then, if the woke, commie libs attempt a civil war Chauvin may be able to get released under some sort of martial law amnesty applied to the states. other than that, he needs to stay safe as a symbol of the two tiered legal system administered by the Left.
Not sure how much that would help Chauvin. I thought he pled guilty in federal court to ensure he would serve his sentence at a safer federal facility. If he was pardoned at a federal level wouldn’t he be remanded back to state prison. He’d be dead in a few months.
Sometimes a fair trial is not in the cards when it will the public is not interested in justice but revenge. This was not the first time it happened. Just ask Bruno Hauptmann, who was convicted not on evidence but on the anger stemming from the hero status of the victim’s father. Yes, St. Floyd was a hero to a lot of leftists, worshipped the way Lindbergh was in the day.