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Joined: Jan 2002
Posts: 10,607
Campfire Outfitter
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OP
Campfire Outfitter
Joined: Jan 2002
Posts: 10,607 |
Derek Chauvin Did Not Receive A Fair Trial, But Minnesota Supreme Court Will Not Hear His Appeal MN Supreme Court denies Petition for Review. Derek Chauvin did not get a fair trial. But it doesn’t matter to the public or the Minnesota courts. Chauvin reportedly will seek U.S. Supreme Court review, but I doubt SCOTUS will take the case. Good Article on TrialNumerous reasons why trial wasn’t fair.
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Campfire Ranger
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Campfire Ranger
Joined: Sep 2004
Posts: 29,383 |
35 million reasons why there won't be a trial.
But Hey BLM rioters will get reparations for being jailed .
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Joined: Jan 2002
Posts: 10,607
Campfire Outfitter
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OP
Campfire Outfitter
Joined: Jan 2002
Posts: 10,607 |
Catalog of errors:
B. The Pervasive Prejudicial Pretrial Publicity, Jurors’ Concerns for Their Safety If They Did Not Convict Chauvin and Physical Threats to the Courthouse Required the Court To Change Venue, Continue the Trial, or Fully Sequester the Jury Under Minn. R. Crim. P. 25 and the 6th and 14th Amendments……………………………………………………………………………………………….. 42
1. Under Both Minn. R. Crim. P. 25.02 and the United States Constitution, the Court Erred by Denying Chauvin’s Motion To Change Venue. ……………. 42
2. The Pretrial Publicity Surrounding the Case, Combined with the Riots, Announcement of the Settlement in the Middle of Voir Dire and Further Riots During the Trial, Results in a Presumption of Prejudice……………………. 44
a. The Media Publicity Was Pervasive and it Was Overwhelmingly Hostile to Chauvin and Law Enforcement in General. …………………………. 45 b. The Threat of Violence Resulting from Acquittal Were Plain—As Demonstrated by the Deployment of the National Guard Days Prior to Jury Deliberation. ………………………………………………………………………… 46 c. The City of Minneapolis Announcement of the $27,000,000 Settlement Exasperated the Prejudice. ……………………………………………….. 47 d. Numerous Jurors Expressed Concerns for Their Own Personal Safety…………………………………………………………………………………………….. 48 e. Media Interfered with Courtroom Proceedings by Spying on the Attorneys and Disclosing Courthouse Security Measures. ……………………. 50 f. The Riots After the Duante Wright Killing Required a Transfer……………. 50 3. Jurors Demonstrated Actual Bias Against Chauvin. …………………………………. 51 4. In the Alternative, the Jurors Should Have Been Sequestered Upon Their Selection. ……………………………………………………………………………………. 52
5. The Court Should Have Delayed the Trial – Particularly Because No Jury Trials Had Been Conducted In Minnesota Due to Covid-19……………….. 53 C. The Court Should have Held a Schwartz Hearing. …………………………………………… 53 D. The Third Degree Murder Charge Against Chauvin Must be Dismissed and a New Trial Ordered Because this Charge Allowed the State to Introduce Evidence of Chauvin’s “Depraved Mind” Which Is Irrelevant to Unintentional Second Degree Murder. …………………………………………………………… 54
E. Chauvin’s Conviction Should Be Reversed Because Police Officer Cannot Be Convicted for Felony Murder Under Minnesota Law. …………………………………. 54
F. The Court’s Jury Instructions Failed to Properly Set Forth the Graham v. Connor Standards………………………………………………………………………………………… 57
G. Chauvin’s Conviction Should Be Reversed Because the Judge Allowed Cumulative Opinions on the Use of Force………………………………………………………. 58
H. The Court Improperly Excluded Evidence of MPD Training Materials Establishing That MPD Trains Officers to Putting their Knees on the Suspect’s Back. …………………………………………………………………………………………… 60
I. Morries Hall’s Testimony or Statement Should Have Been Admitted………………… 61
J. Chauvin’s Conviction Should Be Reversed Because of Prosecutorial Misconduct. ………………………………………………………………………………………………… 63
K. Chauvin’s Conviction Must Be Reversed Because of the Court’s Failure to Transcribe the Entire Proceedings. ………………………………………………………………… 65
L. The Cumulative Errors Rendered the Trial “Structurally Defective.”…………………. 66
M. Chauvin’s Sentence Should be Reduced to the Presumptive Range. ………………….. 67
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Joined: Oct 2004
Posts: 26,580 Likes: 17
Campfire Ranger
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Campfire Ranger
Joined: Oct 2004
Posts: 26,580 Likes: 17 |
I think the failure to change venue alone was cause enough for retrial. If he gets tried again, his new lawyer needs to damn well hammer on the reasonable doubt angle.
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Joined: Mar 2010
Posts: 11,857 Likes: 16
Campfire Outfitter
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Campfire Outfitter
Joined: Mar 2010
Posts: 11,857 Likes: 16 |
America is dead fellas. Plain and simple
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Joined: Jun 2012
Posts: 966
Campfire Regular
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Campfire Regular
Joined: Jun 2012
Posts: 966 |
Didn't he have one lonely lawyer against a team of prosecutors from all over the country working to convict him? Were there disclosures made at night so his lawyer had little or no time to research them?
Chauvin may have been a miserable sob but he did not get anything resembling a fair trial that he had a right to.
Last edited by Szumi; 07/21/23.
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Joined: Oct 2006
Posts: 24,490 Likes: 14
Campfire Ranger
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Campfire Ranger
Joined: Oct 2006
Posts: 24,490 Likes: 14 |
Didn't he have one lonely lawyer against a team of prosecutors from all over the country working to convict him? Were there disclosures made at night so his lawyer had little or no time to research them?
Chauvin may have been a miserable sob but he did not get anything resembling a fair trial that he had a right to. Booom > bullseye. ^^^^^
PRESIDENT TRUMP 2024/2028 !!!!!!!!!!
Posted by Bristoe The people wringing their hands over Trump's rhetoric don't know what time it is in America.
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Campfire Regular
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Campfire Regular
Joined: Jul 2009
Posts: 1,413 |
1. They are afraid of it being found a "wrongful conviction", 2. They're afraid the natives will become restless and riot (as if they need a reason). 3. They are deathly afraid that Chauvin got railroaded and it will be found out. JMHO.
"Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined.”
Patrick Henry
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Campfire Ranger
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Campfire Ranger
Joined: Sep 2004
Posts: 29,383 |
They buckled under the threat of BLM burning the city to the ground. NO backbone
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Joined: Mar 2014
Posts: 1,668
Campfire Regular
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Campfire Regular
Joined: Mar 2014
Posts: 1,668 |
Conrad, do you remember the Rodney King Cop's trials ? Two of them were acquitted in state court, but were convicted in federal court. When they tried to appeal their convictions, The Infamous 9th Circuit Court of Appeals couldn't even decide which of them would hear the case. I understand consideration of their case came up several times. But all they did was argue as to who would hear the case. Finally they just stopped considering it. So they had no appeal..... Derek Chauvin case has been treated the same way. The appeals courts have ignored it. The trouble is, it is not over. Even if the Supreme Court ignores it, that sort of thing will continue to happen. Why ? Because the public expects cops to do everything right and the results will always be what they want. Never going to happen. You can't train a human being to control all circumstance surrounding an arrest where force must be used, and have it come out ideally.
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Posts: 4,857 Likes: 5
Campfire Tracker
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Campfire Tracker
Joined: Feb 2009
Posts: 4,857 Likes: 5 |
America is dead fellas. Plain and simple With an attitude like this, you become part of the problem.
“Some ideas are so stupid that only intellectuals believe them.” ― G. Orwell
"Why can't men kill big game with the same cartridges women and kids use?" _Eileen Clarke
"Unjust authority confers no obligation of obedience." - Alexander Hamilton
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Campfire Savant
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Campfire Savant
Joined: Apr 2011
Posts: 151,808 Likes: 19 |
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Campfire Sage
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Campfire Sage
Joined: Jun 2002
Posts: 131,790 Likes: 23 |
I sure hope sanity prevails at the Supreme Court in his regard. What a travesty of justice.
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Joined: Sep 2014
Posts: 21,861 Likes: 5
Campfire Ranger
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Campfire Ranger
Joined: Sep 2014
Posts: 21,861 Likes: 5 |
Hope he gets another trial. A fair one.
Really don't support him based on how he performed.
Don't believe he murdered The Saint either.
These cases piss me off. Everyone seems to think a police action is great, or terribly wrong. Often, the were really small actions making a big play. It is possible to do good or bad things as it plays out, that aren't reflected in the end result.
Kinda like a homebuilder that builds a great, ugly, house. Or his buddy that builds a schidthole with fancy fixtures and trendy trim.
Parents who say they have good kids..Usually don't!
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Joined: Mar 2010
Posts: 11,857 Likes: 16
Campfire Outfitter
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Campfire Outfitter
Joined: Mar 2010
Posts: 11,857 Likes: 16 |
America is dead fellas. Plain and simple With an attitude like this, you become part of the problem. Yeah ok lol. If your ass thinks otherwise, then you are one clueless individual. Your country is gone. You think youre gonna vote your way out of this? Wake up
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Joined: Feb 2021
Posts: 4,320 Likes: 1
Campfire Tracker
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Campfire Tracker
Joined: Feb 2021
Posts: 4,320 Likes: 1 |
America is dead fellas. Plain and simple With an attitude like this, you become part of the problem. I disagree with that comment. At 62 I have seen a lot of changes and it hasn't been for the better.
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Joined: Aug 2007
Posts: 115,424 Likes: 13
Campfire Sage
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Campfire Sage
Joined: Aug 2007
Posts: 115,424 Likes: 13 |
Just remember they want all of you sitting' in that same court room.
Kangaroo Fugking Court.
Period.
Trump being classless,tasteless and clueless as usual. Sorry, trump is a no tax payin pile of shiit. My young wife decided to play the field and had moved several dudes into my house
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Joined: May 2004
Posts: 56,172 Likes: 14
Campfire Kahuna
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Campfire Kahuna
Joined: May 2004
Posts: 56,172 Likes: 14 |
I am..........disturbed.
Concerning the difference between man and the jackass: some observers hold that there isn't any. But this wrongs the jackass. -Twain
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Joined: Jan 2016
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Campfire Outfitter
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Campfire Outfitter
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Campfire Kahuna
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Campfire Kahuna
Joined: May 2004
Posts: 56,172 Likes: 14 |
Yeah, but good for mobs. .50 cal don’t stop real quick.
I am..........disturbed.
Concerning the difference between man and the jackass: some observers hold that there isn't any. But this wrongs the jackass. -Twain
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