Derek Chauvin is once again taking his fight to the courts, launching a fresh attempt to overturn his state conviction for the murder of George Floyd.
Chauvin’s attorney, Gregory Joseph, filed a third petition for post-conviction relief on Tuesday, arguing that there was a “structural error” in the original charges. The filing challenges the legitimacy of Governor Tim Walz assigning Attorney General Keith Ellison to prosecute the case. Furthermore, the petition claims that a grand jury should have been convened, arguing that the absence of one “allowed prosecutors to substitute their judgment for that of the grand jury in order to force Mr. Chauvin to face charges that were unsupported by probable cause.”
RELATED: Derek Chauvin Files For New Trial Over Conviction In George Floyd’s Murder
The legal maneuver comes as billionaire Elon Musk has publicly weighed in on the case, claiming that Chauvin should be a free man. “Derek Chauvin was unjustly convicted of murder, therefore he should be freed. The facts show that he was not the cause of death, nor did he at any time intend for a death to occur. Whatever else he may be, he is not a murderer. That is the truth.”
Chauvin is now seeking to have his conviction vacated and the charges dismissed entirely. As of late Tuesday, the attorney general’s office had declined to comment, and prosecutors had yet to file a response.
RELATED: Woman Receives $600,000 Settlement After Accusing Derek Chauvin of Assault
Chauvin, 50, was convicted of murdering Floyd by a Hennepin County jury in 2021 and also pleaded guilty to federal charges of violating Floyd’s civil rights. He is currently serving his time in a federal prison in Texas. This latest filing follows several unsuccessful attempts to appeal his conviction or seek post-conviction relief, including a rejection by the U.S. Supreme Court in November 2023 regarding claims of unfair trial due to pretrial publicity. A Hennepin County judge also previously denied two similar petitions filed by Chauvin in late 2024 and late last year.