Here are the two major issues Chauvin will appeal and
Posted on: April 21, 2021 at 08:24:13 CT
Ragnar Danneskjold
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have a better than 50/50 of receiving a favorable ruling.
The second-degree unintentional murder charge is what's known as felony murder, or when a person commits an underlying felony and someone unintentionally dies. This charge required the jury to find that Chauvin intended to assault Floyd and inflict substantial bodily harm.
I don't think restraining a resisting perp can be legally equated to establish an intent to assault.
The third-degree murder charge alleged that Chauvin had a "depraved mind, without regard for human life." The basic gist of depraved mind is "extreme recklessness," according to Richard Frase, Professor of Criminal Law at University of Minnesota Law School.
Again restraining a resisting perp suspected of drug use while a hostile crowd gathers does not amount to one acting with a depraved mind, without regard to human life.
There is also the low iq maxine inciting of violence, but that doesn't involve the actual crimes.