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Thread: Chauvin trial

  1. #351
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    TGS et al

    What was attached was the motion for a new trial filed on June 2, 2021 to the trial court that heard the case, not an appeal to the appeals court. The trial judge would be the one deciding that motion. The same trial court that imposed a 21.5 year sentence on June 25, 2021. There is a file stamp on the upper right setting forth the date. The caption of the case makes it clearly known to which court the motion was being directed.

    Historically, the likelihood of any trial judge undoing an entire jury verdict in a post trial motion pre sentencing when the defendant has an absolute right to appeal to a higher court is extremely low, particularly under the facts of this case.

    https://www.npr.org/sections/trial-o...e-floyd-murder

    Ponder this as you ponder Chauvin's ultimate culpability for some crime:

    How many times have we seen videos where officers engage in gun battles with subjects and shoot them. Those subjects are secured and lifesaving first aid is then immediately rendered.
    In this matter, no aid was rendered by any sworn LE at any time. The fact that no officer on scene ever rendered aid is problematic to a full acquittal under any circumstances in front of any court re Chauvin for sure. IMHO, personal as it it. YMMV.
    Last edited by vcdgrips; 09-13-2021 at 10:18 AM.
    I am not your attorney. I am not giving legal advice. Any and all opinions expressed are personal and my own and are not those of any employer-past, present or future.

  2. #352
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    Quote Originally Posted by vcdgrips View Post
    TGS et al

    What was attached was the motion for a new trial filed on June 2, 2021 to the trial court that heard the case, not an appeal to the appeals court. The trial judge would be the one deciding that motion. The same trial court that imposed a 21.5 year sentence on June 25, 2021. There is a file stamp on the upper right setting forth the date. The caption of the case makes it clearly known to which court the motion was being directed.

    Historically, the likelihood of any trial judge undoing an entire jury verdict in a post trial motion pre sentencing when the defendant has an absolute right to appeal to a higher court is extremely low, particularly under the facts of this case.
    Got it, thanks for the correction and insight.

    So, would their next obvious step be to appeal after the trial judge denies this motion for a new trial? How long would the trial judge typically have to respond?
    "Are you ready? Okay. Let's roll."- Last words of Todd Beamer

  3. #353
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    Judge denied the motion for new trial right before the sentencing on June 25, 2021. Presumably, an "appeal" of that denial would be subsumed in the over appeal I would think.

    I am sure that the defendant will appeal. I am not licensed and have never practiced in MN. A 10 sec Google search indicates that one has 90 days from final judgement to appeal a felony conviction. To my mind, that would mean the defendant in this matter has until approx. Sept 25. I would want to know how MN "computes" time and when the sentencing judgement was entered. I would then back up my filing a couple of days so there was ZERO chance that my notice of appeal would be untimely.
    I am not your attorney. I am not giving legal advice. Any and all opinions expressed are personal and my own and are not those of any employer-past, present or future.

  4. #354
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    Chauvin Appeal

    Quote Originally Posted by vcdgrips View Post
    Judge denied the motion for new trial right before the sentencing on June 25, 2021. Presumably, an "appeal" of that denial would be subsumed in the over appeal I would think.

    I am sure that the defendant will appeal. I am not licensed and have never practiced in MN. A 10 sec Google search indicates that one has 90 days from final judgement to appeal a felony conviction. To my mind, that would mean the defendant in this matter has until approx. Sept 25. I would want to know how MN "computes" time and when the sentencing judgement was entered. I would then back up my filing a couple of days so there was ZERO chance that my notice of appeal would be untimely.
    Well unlike your approach, Chauvin filed appeal at the 90th day.

    He is also representing himself, as the courts wouldnt provide a public defender. Chauvin cant afford an attorney so he has no recourse.

    Knowing the circumstances of his conviction I would open a Gofundme however that would be shut down in an instant.

  5. #355
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    ALF says:

    "He is also representing himself, as the courts wouldnt provide a public defender. Chauvin cant afford an attorney so he has no recourse."

    Again, not licensed to practice in MN. I did a 120 sec scan of articles on the issue.

    One of them talks about Chauvin having a considerable amount of retirement funds ( as most 20+ yr public employees would i.e. Police/Fire) and he does not wish to access those because of the tax consequences and/or penalty, therefore he should be considered indigent. I am not sure that is going to hold water in the end. In short, he may not be indigent enough to get a Public Defender.

    I suspect in the end, one of five things will happen:

    1. Hep will get a PD free and clear
    2. He will get a PD and he will billed for the time with the expectation that he will access those retirement funds
    3. He will access the retirement funds and hire somebody
    4. There will be a fund raising effort for him
    5. Some combination of 3 and 4.

    It is inconceivable that he will proceed on the merits of his 1st appeal of the trial verdict without counsel.
    I am not your attorney. I am not giving legal advice. Any and all opinions expressed are personal and my own and are not those of any employer-past, present or future.

  6. #356
    Site Supporter Erick Gelhaus's Avatar
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    Quote Originally Posted by arcticlightfighter View Post
    He is also representing himself, as the courts wouldnt provide a public defender. Chauvin cant afford an attorney so he has no recourse.

    Knowing the circumstances of his conviction I would open a Gofundme however that would be shut down in an instant.
    I saw that this AM. Given a lot of the things that were done before, during, and after procedurally I'm surprised there isn't funding for an appeal from police labor groups. There look to be plenty of prosecution and bench issues there.

  7. #357
    Site Supporter ccmdfd's Avatar
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    Looks like he has officially appealed

    https://www.wect.com/2022/04/28/chau...-george-floyd/

  8. #358
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    Many prosecutors need to learn that police officers are just as entitled to their Constitutional rights as anyone else. A change of venue would likely be granted for any other defendant who had mobs rioting in the streets demanding punishment.

  9. #359
    Site Supporter Erick Gelhaus's Avatar
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    Quote Originally Posted by jnc36rcpd View Post
    Many prosecutors need to learn that police officers are just as entitled to their Constitutional rights as anyone else. A change of venue would likely be granted for any other defendant who had mobs rioting in the streets demanding punishment.
    I'm really sickitated with the entire of this case, from the bench and the 'special' prosecutor.

  10. #360
    Member feudist's Avatar
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    Quote Originally Posted by jnc36rcpd View Post
    Many prosecutors need to learn that police officers are just as entitled to their Constitutional rights as anyone else. A change of venue would likely be granted for any other defendant who had mobs rioting in the streets demanding punishment.
    I think you are misunderstanding the role of police officers in a post constitutional, post truth SovMao America.

    Without a scapegoat, how can the People's many sins be cleansed? Are the many not more important than the one?

    How do we reassure those that we've nurtured as our Sturmabteilung that impeding them in their mission will not be tolerated?

    Perhaps sir, you jest?

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