by WorldTribune Staff, August 19, 2026 Non-AI Real World News
The attorney for Derek Chauvin, in a new court filing, is seeking dismissal of the charges against the former Minneapolis police officer convicted in the death of George Floyd.
Attorney Greg JosephJoseph argues that Chauvin’s due-process rights were violated because a grand jury was never convened to review the charges.
In a 31-page court petition filed Tuesday morning, Joseph alleges “unlawful” and “fraudulent” conduct by Democrat Minnesota Gov. Tim Walz, Democrat Minnesota Attorney General Keith Ellison, and the Hennepin County Attorney’s Office.
“Hennepin County District Court Judge Peter Cahill presided over a year-long due process violation by failing to convene a grand jury to consider the State’s evidence at any point between the moment he was assigned to the case, and the verdict. He lacked jurisdiction over the charges, as this Court does, because they were never lawfully brought,” the filing states.
Chauvin is serving concurrent state and federal sentences totaling 22.5 years for the state murder of Floyd and 21 years for violating Floyd’s federal civil rights.
Joseph argues that Walz’s appointment of Ellison to lead the case was itself unlawful. Ellison went on to add the more serious charge of second-degree murder to the complaint.
A Hennepin County prosecutor withdrew from the case against Chauvin and the other Minneapolis officers and, according to court documents, “she (Amy Sweasy) also disagreed with a decision to add additional charges against Chauvin.”
“Because Hennepin County’s unlawful charges against Mr. Chauvin were not severe enough for the mob, Walz referred the case to Keith Ellison, who signed and e-filed a second unfounded complaint against Derek Chauvin that included the murder charge it wanted,” the petition reads.
“It is impossible to assess the trial errors in State v. Chauvin because the entire trial was a fraud; it was based on unfounded charges that were never properly before the Court,” the petition says.
Joseph explained to Alpha News why this argument was never made before in other post-conviction relief efforts: “In a very short period of time there were very fundamental and basic violations of due process. And those aren’t necessarily things that defense attorneys normally look for.”
Joseph spoke with Liz Collin on her podcast about the petition:
250 Years of Freedom Is At Risk
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