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SCOTUS Refused to Consider Derek Chauvin’s Appeal for New Trial in George Floyd Death

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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It sounds like the Supreme Court didn’t want hordes of crazed lunatics over running their building and threatening them.

    wendybar in reply to Ironclaw. | November 20, 2023 at 3:36 pm

    Don’t blame them. Who will protect them?? It hasn’t happened yet, when they needed it.

      Concise in reply to wendybar. | November 20, 2023 at 5:22 pm

      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.

        paracelsus in reply to Concise. | November 20, 2023 at 7:19 pm

        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 !

          Concise in reply to paracelsus. | November 20, 2023 at 9:36 pm

          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.

        pdulchinos in reply to Concise. | November 21, 2023 at 10:49 am

        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.

          jhkrischel in reply to pdulchinos. | November 21, 2023 at 11:01 am

          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.

          Desdenova in reply to pdulchinos. | November 21, 2023 at 5:44 pm

          Read Federalist 65 and your constitution. Yes there is. The constitution lays out grounds to impeach and that isn’t one of them

    Virginia42 in reply to Ironclaw. | November 20, 2023 at 4:19 pm

    Basically, they are too chickensh*t to do the job to which they have a lifetime appointment.

    fishingfool55 in reply to Ironclaw. | November 20, 2023 at 4:58 pm

    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?

      JohnSmith100 in reply to fishingfool55. | November 20, 2023 at 5:03 pm

      To send a message. Lawlessness has reached the point that it may require the public taking action. It is a damn shame.

        Milhouse in reply to JohnSmith100. | November 20, 2023 at 8:37 pm

        “If you want to send a message, call Western Union”. It’s not SCOTUS’s job.

          Concise in reply to Milhouse. | November 20, 2023 at 9:38 pm

          Some federal judges overseeing J6 trials sure seem to think that’s their job. And a certain state judge in NY too.

          Milhouse in reply to Concise. | November 21, 2023 at 2:29 am

          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

        MarkS in reply to Ironclaw. | November 21, 2023 at 7:10 am

        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?

          broomhandle in reply to MarkS. | November 21, 2023 at 8:17 am

          That is an incorrect analogy.

          jhkrischel in reply to MarkS. | November 21, 2023 at 11:05 am

          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.

          Desdenova in reply to MarkS. | November 21, 2023 at 5:47 pm

          Research the term comparative negligence and you’ll find your answer. Bad analogy

        Joe-dallas in reply to Ironclaw. | November 21, 2023 at 10:50 am

        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.

          Joe-dallas in reply to Joe-dallas. | November 21, 2023 at 10:52 am

          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.

    Fat_Freddys_Cat in reply to Ironclaw. | November 21, 2023 at 8:16 am

    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.

      Joe-dallas in reply to EBL. | November 21, 2023 at 1:46 pm

      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.

    jhkrischel in reply to Ironclaw. | November 21, 2023 at 10:58 am

    Or, they were already threatened directly by those hordes of crazies, and didn’t feel like they could protect themselves from those threats.

Subotai Bahadur | November 20, 2023 at 3:19 pm

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.

    healthguyfsu in reply to Sailorcurt. | November 20, 2023 at 7:15 pm

    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.

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.

The Gentle Grizzly | November 20, 2023 at 4:29 pm

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.

ThePrimordialOrderedPair | November 20, 2023 at 4:33 pm

SCOTUS Rejects Derek Chauvin’s Appeal for New Trial in George Floyd Death

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.

The original autopsy report by Hennepin County Medical Examiner Dr. Andrew Baker the day after Floyd died found there was “no physical evidence suggesting that Mr. Floyd died of asphyxiation.

There is so much that is shocking in the documentary.

For instance, it finds that the hold that Chauvin, a “by the book” cop, used on Floyd was an approved technique that he and every other cop had been trained to use by the Minneapolis Police Department.

It was called the maximal restraint technique (MRT) for handcuffed, uncooperative suspects. All of the cops interviewed by Collin said MRT was part of official training.

In the bystander video that went viral after Floyd’s death, it appears Chauvin’s knee was on Floyd’s neck. But in bodycam footage, his knee appears to be on Floyd’s shoulder.

Chief of Police Medaria Arradondo testified under oath at Chauvin’s trial that “it was not” a trained Minneapolis police defensive tactics technique.

But Chauvin’s mother pulled out her son’s training manuals in her interview with Collin, which show images of the MRT hold.

and so much more

    MarkS in reply to dmacleo. | November 21, 2023 at 7:13 am

    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.

      alaskabob in reply to MarkS. | November 22, 2023 at 1:54 pm

      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.

      amwick in reply to MarkS. | November 25, 2023 at 6:21 am

      Yes.. it happened before.

Deep State Rules the Day

It was obvious Derek was me, feel very sorry for him just as any Russian Gulag inmate.

    amwick in reply to dmacleo. | November 21, 2023 at 6:25 am

    Jesse did a long segment on this. SMH So much information was withheld.

    McBain in reply to dmacleo. | November 21, 2023 at 12:31 pm

    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:

No clear thinking person can deny the gross injustice done to the convicted police officers.

JackinSilverSpring | November 20, 2023 at 5:33 pm

Shame on the Supreme Court for allowing this travesty of justice to continue.

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


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.

    ThePrimordialOrderedPair in reply to CommoChief. | November 20, 2023 at 9:29 pm

    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.

    gonzotx in reply to CommoChief. | November 20, 2023 at 10:00 pm

    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.

    ThePrimordialOrderedPair in reply to inspectorudy. | November 20, 2023 at 10:44 pm

    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.

    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.

    broomhandle in reply to Romynomask. | November 21, 2023 at 9:47 am

    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.