Notice of Motion and Motion
Notice of Motion and Motion
Defendant.
NOTICE OF MOTIONS
PLEASE TAKE NOTICE that the Defendant, Derek Michael Chauvin, through his
attorney Eric J. Nelson, Halberg Criminal Defense, hereby moves this Court for the following relief:
MOTIONS
1. For an order granting a new trial, pursuant to Minn. R. 26.04, subd. 1, on the following
grounds: the interests of justice; abuse of discretion that deprived the Defendant of a fair
trial; prosecutorial and jury misconduct; errors of law at trial; and a verdict that is contrary
to law. The specific bases for this motion include, but are not limited to:
a. The Court abused its discretion when it denied Defendant’s motion for a change of
venue, pursuant to Minn. R. Crim. P. 24,03, subd. 1, and 25.02, subd. 3, in violation
of Mr. Chauvin’s constitutional rights to a due process and a fair trial. See Sheppard
b. The Court abused its discretion when it denied Defendant’s motion for a new trial
on the grounds that “publicity during the proceedings threaten[ed] the fairness of
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the trial[.]” Sheppard, supra. Such publicity included post-testimony, but pre-
deliberation, intimidation of the defense’s expert witnesses, from which the jury
was not insulated. Not only did such acts escalate the potential for prejudice in these
pervasive and so prejudicial before and during this trial that it amounted to a
structural defect in the proceedings. See United States v. Hasting, 461 U.S. 499,
508-09 (1983) (certain errors involve “rights so basic to a fair trial that their
c. The Court abused its discretion when it failed to sequester the jury for the duration
of the trial, or in the least, admonish them to avoid all media, which resulted in jury
exposure to prejudicial publicity regarding the trial during the proceedings, as well
as jury intimidation and potential fear of retribution among jurors, which violated
Mr. Chauvin’s constitutional rights to due process and to a fair trial. Minn. R. Crim.
P. 26.03, subd. 5.
deprived Mr. Chauvin of his constitutional rights to due process and a fair trial,
including but not limited to: disparaging the Defense; improper vouching; and
e. The Court abused its discretion and violated Mr. Chauvin’s rights under the
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regarding his interactions with George Floyd and presence at the May 25, 2020
f. The Court abused its discretion when it submitted instructions to the jury that failed
g. The Court abused its discretion, in violation of Mr. Chauvin’s constitutional rights
to due process and a fair trial, when it permitted the State to present cumulative
h. The Court abused its discretion, in violation of Mr. Chauvin’s constitutional rights
to due process and a fair trial, when it ordered the State to lead witnesses on direct
examination.
i. The Court abused its discretion, in violation of Mr. Chauvin’s constitutional rights
to due process and a fair trial, when it failed to order that a record be made of the
j. The cumulative effect of the multiple errors in these proceedings deprived Mr.
Chauvin of a fair trial, in violation of his constitutional rights. See State v. Duncan,
608 N.W.2d 551, 551-58 (Minn. App. 2000), review denied (Minn. May 16, 2000)
(“when the cumulative effect of numerous errors”—even if, alone, the errors are
trial”).
2. An order for a hearing to impeach the verdict, pursuant to Minn. R. Crim. P. 26.03, subd.
20(6) and Schwartz v. Minneapolis Suburban Bus Co., 104 N.W.2d 301 (Minn. 1960), on
the grounds that the jury committed misconduct, felt threatened or intimidated, felt race-
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based pressure during the proceedings, and/or failed to adhere to instructions during
deliberations, in violation of Mr. Chauvin’s constitutional rights to due process and a fair
trial. State v. Larson, 281 N.W.2d 481, 484 (Minn. 1979); State v. Kelley, 517 N.W.2d 905
3. For an order granting the Defense additional time to thoroughly brief the above issues, in
light of the time that was required for preparation of partial transcripts of the proceedings.
This motion is based upon the files and records in this case, the Minnesota Statutes, the
Minnesota Rules of Criminal Procedure, the United States and Minnesota Constitutions and upon
such other and further points and authorities as may subsequently be presented to the Court.
Respectfully submitted,