Derek Chauvin files new petition to vacate George Floyd conviction

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Former Minneapolis police officer Derek Chauvin, who was convicted of killing George Floyd, has again filed a petition to vacate his state murder conviction.

On Tuesday, attorneys representing Chauvin filed a motion requesting the Minnesota Court of Appeals to stay his current appeal.

Essentially, Chauvin wants the court to pause that appeal so he can send his case back to the local trial court to argue a brand-new claim that his original charges were unlawfully brought against him.

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In April 2021, Chauvin was convicted of the 2020 murder of George Floyd. Records show the former officer kneeled on Floyd’s neck for nine minutes and 29 seconds while Floyd was face down and handcuffed on the ground; Floyd suffered a fatal lack of oxygen to the brain.

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George Floyd is kneeled upon by former Minneapolis Police Department officer Derek Chauvin in Minneapolis

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Back in June, Chauvin’s team filed an appeal against a judge’s decision denying his petition for post-conviction relief.

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The judge denied Chauvin’s entire post-conviction petition on May 1, more than five months after it was initially filed in November 2025. This is Chauvin’s third petition for conviction relief.

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Former Minneapolis police officer Derek Chauvin is handcuffed to be led away after a jury found him guilty of all charges in his trial for second-degree murder, third-degree murder and second-degree manslaughter in the death of George Floyd in Minneapolis, Minnesota, U.S. April 20, 2021 in a still image from video. Pool via REUTERS

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“Mr. Chauvin became aware of additional violations of Mr. Chauvin’s due process rights in the unlawful assignment of authority by Governor Tim Walz to Attorney General Keith Ellison to prosecute State v. Chauvin,” the motion said.

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The Tuesday motion asks the court to pause Chauvin’s pending appeal so the trial court can evaluate new procedural claims—including improper prosecutor assignment, failure to convene a grand jury, lack of court jurisdiction, and judicial bias—which his defense argues amount to non-waivable “structural errors.”

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