Chauvin's attorneys argue Governor Walz unlawfully assigned Attorney General Keith Ellison to prosecute the case
Former Minneapolis police officer Derek Chauvin, who was convicted of killing George Floyd, has again filed a petition to vacate his state murder conviction.
On Tuesday, attorneys representing Chauvin filed a motion requesting the Minnesota Court of Appeals to stay his current appeal.
In a post to X, Elon Musk wrote, "Derek Chauvin was unjustly convicted of murder, therefore he should be freed. The facts show that he was not the cause of death, nor did he at any time intend for a death to occur. Whatever else he may be, he is not a murderer. That is the truth."
Essentially, Chauvin wants the court to pause that appeal so he can send his case back to the local trial court to argue a brand-new claim that his original charges were unlawfully brought against him.
An attorney for ex-Minneapolis Police Officer Derek Chauvin is expected to contest his conviction for George Floyd's 2020 murder.
In April 2021, Chauvin was convicted of the 2020 murder of George Floyd. Records show the former officer kneeled on Floyd's neck for nine minutes and 29 seconds while Floyd was face down and handcuffed on the ground; Floyd suffered a fatal lack of oxygen to the brain.
George Floyd is kneeled upon by former Minneapolis Police Department (MPD) officer Derek Chauvin next to former MPD officer J. Alexander Kueng, as seen in a still from the body camera video of former MPD officer Thomas Lane, during the police custody in which he died in Minneapolis, Minnesota, U.S. May 25, 2020. Video taken May 25, 2020.
Back in June, Chauvin's team filed an appeal against a judge's decision denying his petition for post-conviction relief.
The judge denied Chauvin's entire post-conviction petition on May 1, more than five months after it was initially filed in November 2025. This is Chauvin's third petition for conviction relief.
Former Minneapolis police officer Derek Chauvin is handcuffed to be led away after a jury found him guilty of all charges in his trial for second-degree murder, third-degree murder and second-degree manslaughter in the death of George Floyd in Minneapolis, Minnesota, April 20, 2021, in a still image from video.
"Mr. Chauvin became aware of additional violations of Mr. Chauvin’s due process rights in the unlawful assignment of authority by Governor Tim Walz to Attorney General Keith Ellison to prosecute State v. Chauvin," the motion said.
The Tuesday motion asks the court to pause Chauvin's pending appeal so the trial court can evaluate new procedural claims—including improper prosecutor assignment, failure to convene a grand jury, lack of court jurisdiction, and judicial bias—which his defense argues amount to non-waivable "structural errors."
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In this photo provided by the Minnesota Department of Corrections, former Minneapolis police officer Derek Chauvin poses for a booking photo after his conviction on April 21, 2021, in Minneapolis, Minnesota. Chauvin was found guilty on all three charges in the murder of George Floyd.
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