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Derek Chauvin will likely appeal his guilty verdict in George Floyd's murder. But the odds aren't good.

Criminal Justice,Derek Chauvin,George Floyd,Justice

From the Left

Now that fired police officer Derek Chauvin has been convicted on all three counts against him, he can still file an appeal. But the odds are not good, considering some 90% of appeals are denied across the United States.

An appeal in the case is a virtual certainty. But what issues Chauvin's lawyers raise to the appellate court are an open question, according to criminal defense experts.

The range in appeal possibilities could run from the possible bias of jurors, the refusal by Judge Peter Cahill to move the trial or sequester the jury or what some experts are saying were questionable jury instructions on some of the charges Chauvin is now guilty of.

Chauvin could also argue ineffective assistance of counsel — a last option, in experts' opinions, but one that could rise because lead defense attorney Eric Nelson did not often object to emotional witness testimony.

But while nearly every conviction yields an appeal, their success rate is about 10% or lower. This could be further hindered by the fact that in Minnesota, the appellate court is filled with elected officials, who would be tasked with potentially overturning one of the most high-profile murder cases in American history.

The most likely avenue of appeal is the massive publicity given to the case, the potential bias that created, and the judge’s denial of Nelson's repeated requests to move the case out of Minneapolis or sequester the jury throughout the trial to shield them from any news about the case.

Cahill, known as a careful jurist who experts say proceeded cautiously, refused to grant Nelson’s requests made at the beginning of the court case and throughout the trial, particularly after the fatal shooting in nearby Brooklyn Center of Daunte Wright. The 20-year-old Black motorist was killed by a white officer just 10 miles from the Chauvin trial and sparked protests and violence throughout the mostly blue-collar, diverse suburb of about 30,000 residents.

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