Former Minneapolis police officer Derek Chauvin has filed a new petition to vacate his state murder conviction in the killing of George Floyd. Chauvin's attorneys submitted a motion to the Minnesota Court of Appeals on Tuesday, requesting a stay of his ongoing appeal.
This request would allow the case to be returned to a local trial court to address novel claims that his original charges were unlawfully initiated. The legal team argues that Minnesota Governor Tim Walz improperly assigned Attorney General Keith Ellison to prosecute the case, which they contend constitutes a non-waivable "structural error."
Chauvin's defense is also raising claims related to the alleged failure to convene a grand jury, a lack of court jurisdiction, and judicial bias. These claims, according to the motion, amount to violations of Chauvin's due process rights.
In April 2021, Chauvin was convicted of the murder of George Floyd, who died after Chauvin knelt on his neck for over nine minutes. This was the first time a white officer was convicted in the death of a Black man in that state. Chauvin was subsequently sentenced to over 22 years in prison.
This marks Chauvin's third petition for post-conviction relief. His previous petition for such relief was denied by a judge on May 1, more than five months after it was initially filed in November 2025. The current appeal against that denial is what Chauvin's team now seeks to pause.
The Minnesota Attorney General's office has been contacted for comment regarding the latest filing.