Derek Chauvin’s attorney, Gregory Joseph, has filed a notice of appeal with the Minnesota Court of Appeals.
Joseph—who did not represent Chauvin during his initial state trial—has been representing him since November 2024 and filed the notice last week.
The filing is a notice to appeal the dismissal of a previous appeal filed last fall.
In that appeal, Joseph argued that there were several problems in the initial trial related to expert witness testimony, the video evidence presented, and the instructions to the jury, which, as Joseph pointed out, permitted the jury to consider a conviction based on an “attempt to attempt to” commit a crime.
He also raised questions about some of the statements made by police officials during their sworn testimony, including the testimony of Katie Blackwell.
As previously reported, when Blackwell unsuccessfully tried to sue Alpha News and reporter Liz Collin, more than a dozen officers came forward and provided sworn affidavits stating that Blackwell committed perjury.
However, those arguments and the appeal itself—which sought postconviction relief for Chauvin related to his state conviction in the death of George Floyd—were rejected by Hennepin County Judge Paul Scoggin in May.
Joseph has raised questions about Chauvin’s trial before. He reiterated that Chauvin “did not receive a fair trial, and has been denied the opportunity for a fair trial once again.”
“But with this latest appeal, the court has yet another opportunity to fix this, should they care to do so for the sake of justice in Minnesota, and throughout our country for that matter,” Joseph explained.
He also has concerns about how the judicial system has been handling Chauvin’s case. Joseph noted, for example, a statement on page 30 of the dismissal from Judge Scoggin: “The interests-of-justice exception also does not apply. This exception is implicated only in extraordinary situations … Nothing about Petitioner’s claim rises to the level of extraordinary.”
Joseph said the idea that there is nothing “extraordinary” about the Chauvin case seems troubling.
“There is nothing ordinary about the Chauvin trial. It’s the exception to every rule,” he said. “Yet again, if the court finds that granting a fair and impartial trial is not in the interest of justice, then that responsibility lies with the judiciary at this point—and so do the consequences.”
Meanwhile, the federal prison where Chauvin is being held is set to be closed.
The U.S. Department of Justice’s Federal Bureau of Prisons announced last week that the Federal Correctional Institution (FCI) in Big Spring, Texas, is one of six that will be shuttered. The BOP says the move will help it address staffing shortages and billions of dollars in deferred maintenance.
Despite the announcement, Chauvin and his family do not know where he will be sent after FCI Big Spring is closed.
Chauvin’s family remains concerned, especially since Chauvin was stabbed 22 times while at the Federal Correctional Institution in Tucson, Ariz., on Nov. 24, 2023.
Fellow inmate John Turscak attacked Chauvin while he was in the law library.
Chauvin has since been recovering from injuries from the attack and continues to seek a fair, impartial trial.
Liz Collin
Liz Collin is a multi-Emmy-Award-winning investigative reporter, news anchor, and producer who cares about Minnesota. She is the producer of The Fall of Minneapolis and Minnesota v We the People documentary films, and author of the Amazon best-selling book, They’re Lying: The Media, the Left, and The Death of George Floyd. Her work has prompted important state laws. Yet perhaps most of all, Liz has been giving a voice to the truth—and helping others tell their stories—for more than 20 years.
