What chance does Chauvin have to win his appeal?
Alan Dershowitz thinks the case might be reversed on appeal:
The conviction of former Minneapolis police officer Derek Chauvin on all counts in the death of George Floyd “might be reversed on appeal” — likely by the U.S. Supreme Court — and it “should be,” Harvard Law Professor Alan Dershowitz told Newsmax TV after Tuesday’s ruling.
“The judge himself said this case may be reversed on appeal, and I think it might be reversed on appeal,” Dershowitz said on Newsmax TV’s “Spicer & Co.” Tuesday, shortly after a jury in Minneapolis returned guilty verdicts against Chauvin on counts of second- and third-degree murder and second-degree manslaughter…
“A new appeal will be filed immediately, because he’s in jail now, pending appeal,” said Dershowitz, explaining that there are “two levels of appeal” in Minnesota but most likely, the case will go to the U.S. Supreme Court.
The nation’s top court, he added, “holds the best possibility for the defense of getting this conviction reversed, on the grounds that the judge himself suggested the statements made by people outside the courtroom essentially intimidating jurors and telling them that if they don’t come to the ‘right verdict,’ there will be violence and consequences and their own lives may be affected.”
Meanwhile, Judge Peter Cahill, who presided over the case, will likely sentence Chauvin to a “very substantial sentence,” said Dershowitz, and that “might be the equivalent of life imprisonment” for the former police officer, who is now 45 years old.
Well, Dershowitz knows a lot more about criminal law than I do. But I don’t think there’s any chance of reversal by SCOTUS, although I think there should be.
The sad and horrible truth – at least, as I perceive it – is that the Supreme Court justices are subject to the same fear and pressures (and politics) as the jury, Judge Cahill, and the Minnesota higher court. In fact, SCOTUS is subject to even more pressure than they are, because of the overt Democrat threat of court-packing.
In addition, I don’t see Justice Roberts ever voting for anything so controversial, whatever the merits might be. Among other things, he simply doesn’t have the courage and tends to take the path of least resistance. And although some of the other justices do have the courage, I don’t think it’s enough to make a majority. I think they may even refuse to hear the case, actually.
As far as Chauvin’s sentence goes, I’m a little surprised that Dershowitz thinks it will be that long. Other attorneys who have written on the subject think it will be less than that, because the sentences would ordinarily run concurrently. Then again, the prosecution is alleging aggravated conditions for the crime, Cahill is running scared, and the mob has made it clear they will only be appeased by the most severe sentence – and even then they won’t really be satisfied.
[NOTE: Also see this article on Judge Cahill’s errors during the trial. I doubt any of them will matter on appeal, either.]
I tend to agree about it being highly unlikely that an appeal will be successful. It’s obvious to me that the nature of this whole case exists far beyond any sense of proper application of the law. This case exists solely in the realm of mob justice. Even though we still have the veneer of the law with a trial and appeals and all the proper window dressing, any decisions made about the case are ultimately driven by an ochlocracy. A sacrifice to appease the mob is required, so a sacrafice must be made. I fully expect Chauvin will ultimately recieve and serve the maximum possible sentence (assuming he isn’t killed in jail or “suiceded” or commits suicide himself that is).
Despite all the hoopla over the case I don’t see how it becomes federal jurisdiction. Certainly, and unfortunately, there is zero chance a court in Minnesota will reverse it.
I agree with Neo that the Supreme Court would not have the courage to take this on, let alone overturn the conviction. Alito or Thomas might, but Roberts is a coward and I think that Kavenaugh and Coney Barrett with their young children have been too traumatized by the confirmation hearings to stand up against the mob.
Unfortunately, I think that we’re loosing the rule of law in this country.
FOAF:
The case itself doesn’t get reheard by SCOTUS. The appeal does. There doesn’t have to be federal jurisdiction of the original case.
Turtles all the way down.
Cowards all the way up.
Civilization is fragile.
Guam is tipping into the sea.
Sorry, I had a few beers with lunch.
(No mask, outside, with snow on the ground.)
Is the most likely sentence as long, longer, or shorter than MPD officer Noor’s sentence?
In Chauvin’s case, ot could very well be (effectively) a death sentence. Cops do not do well in prison. They are often murdered, or commit suicide.
The assignment of errors might be very sound, but the MN Supreme Court doesn’t want another trial and they don’t want their homes and lake homes burned to the ground.
The Left has built a political violence and intimidation machine of extraordinary power. We’ve never seen anything like this in America, but it has happened in other countries; not that I’m going to name them.
Sadly, I agree with everything that has been said.
Odd that the National Guard will be deployed, and razor wire strung to protect the Capitol Building and its feckless occupants, but we are seemingly powerless, by choice, against the Leftist mobs.
“I think that we’re loosing the rule of law in this country.” Chris B
“Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others.
I do not add ‘within the limits of the law’ because law is often but the tyrant’s will, and always so when it violates the rights of the individual.” Thomas Jefferson
How bad do things have to get before enough is enough? Perhaps when they start hauling us away in cattle cars…
Hyperbole? That’s what many Jews and gays thought in the early 1930s.
The “right” thing would be for the appeal to result in a new trial, held in Rochester or Duluth. But I have read that Minnesota law is not conducive to changes of venue.
Never happen.
Re: fear, pressure, and politics affecting the courts
I don’t see much evidence anywhere lately that we can rely on the courts to be the calm, sober voice of reason to correct mistakes made at any and every stop along the way.
It’s highly disturbing to think that, much less say it, but here we are.
We are witnessing in real time what violent mobs do to a culture. And how exactly is this different from pure democracy, where the 51% persecute the other 49%, and two wolves and sheep decide what to have for dinner?
We as individuals all need to start deciding where our limits are, and what we’re going to do about it.
neo, it’s still not quite clear to me how that happens. If it gets to a federal court then I see it could eventually reach the SCOTUS but how does it become federal in the first place? What is the grounds, a Bill of Rights violation (Amendments 5 or 6)? And at what point could this be done? Does it have to be appealed all the way through the state supreme court first?
“sentences would ordinarily run concurrently”
He can’t be sentenced on more than one conviction, right? The highest/worst. Otherwise, it would be double jeopardy.
(I asked a question like this the other day. A couple of posts on Powerline suggest that the sentencing will be only for the highest/worst conviction.)
I will hope it’s reversed as it was a travesty he was convicted, but as others said the same pressure will be put on judges or another jury.
The Left knows their power and will use it at every opportunity to run trials their way.
Richard…
What color is Noor’s skin?
What color is Chauvin’s?
There’s your sentencing guideline right there.
I hope I’m wrong.
None.
He’s not getting out until Whites rise up and spring him. Don’t hold your breath.
Oh! I guess we could all riot and burn stuff down until they release him. That might work.
It is to laugh.
There. I saved you all a lot of oxygen and typing.
I think all they will do is reduce the penalty to something more reasonable.
He’ll likely not survive long enough in prison for an appeal to even be heard.
But if it did make it to a courtroom, the exact same thing will happen that happened in the original case: the judges and jury instructed to convict and sentence to the maximum possible by imagination, and then constantly harassed, threatened, and pressured to make sure they do as they’re told.
I take a contrarian view. He is a dirty cop with multiple years of not filing tax returns. He worked with a owner of a night club that is suspected of money laundering. George Floyd worked for the same man.
https://people.com/crime/george-floyd-derek-chauvin-had-friction-working-together-as-nightclub-security-guards-coworker/
https://stuartbramhall.wordpress.com/2020/05/31/emerging-evidence-suggests-nightclub-where-floyd-and-chauvin-worked-linked-to-intelligence-money-laundering/
Wheels inside of wheels. Also in other articles Maya was a huge supporter of Ulan Omar.
He volunteered for 10 years in a plea deal. I think he may serve the 10 years and then be allowed to be granted parole as long as he is silent.
I hope for Cornflour’s kind indulgence in transmogrifying his comment into poesy.
ON THE INJUSTICE OF TRIAL BY INTIMIDATION
Turtles, turtles all the way down.
(No mask, outside, with snow on the ground.)
Cowards, cowards all the way up.
(Beer to drink, before I sup.)
Civilization is fragile when mobs can run free.
Guam is tipping into the sea.
AesopFan:
Good job!
Some good topical comment on the trial here:
https://www.spreaker.com/user/thezblog/ep-183-mob-rule
Spartacus, I had heard the same thing early on, that Floyd and Chauvin had some kind of interaction previously and that it involved a nightclub. I was surprised that it seem to be buried, if true.
Well, it’s official.
https://www.americanthinker.com/blog/2021/04/chauvin_trial_jury_panel_member_admits_being_intimidated_.html
She was an alternate (they apparently don’t know that until being dismissed before the deliberations), lives in Brooklyn Center, and would have voted Guilty, Guilty, Guilty (maybe even without being in fear of her life).
Juror names are to remain sealed for 180 days, although they can disclose themselves if they want to. Bets on the first leak to the press?
https://townhall.com/tipsheet/rebeccadowns/2021/04/23/jurors-in-derek-chauvin-case-being-kept-sealed-after-courts-lawyers-receive-unprecedented-emails-n2588480
AesopFan — nice work. happy to have provided the inspiration and raw material.
“…because of the overt Democrat threat of court-packing.”
Pssst. They’re gonna try to pack the court no matter what the current SCOTUS decides or doesn’t decide.
In accordance with Leninist doctrine (and Palestinian rules(TM)), they will push and push only until they face an uncomfortable level of resistance. Then they’ll regroup and/or perhaps wait a bit, and start pushing and pushing again (all the time, misrepresenting—read sanitizing—their own despicable goals and misrepresenting and lying about their opponents).
Push, rinse and repeat….
Until they get what they want.
(‘Tis the nature of the beast.)