The Minnesota Court of Appeals hears oral arguments Monday, about a request from prosecutors to reinstate a third-degree murder charge against the fired Minneapolis police officer charged in George Floyd's death.
Jury selection is scheduled to begin March 8 for Derek Chauvin, who is charged with second-degree murder and manslaughter.
Prosecutors are expected to argue there is precedent after a three-judge panel upheld a third-degree murder conviction against former Minneapolis officer Mohamed Noor for the 2017 shooting death of Justine Ruszczyk Damond.
In the Noor decision, the panel ruled that a third-degree murder conviction can be sustained even if the action that caused a death was directed at one person.
Hennepin County Judge Peter Cahill rejected the request, saying the Noor ruling cannot be established precedent until further proceedings before the Minnesota Supreme Court.
Twin Cities attorney Joel Friedberg, who's not associated with the Chauvin case, believes the appeal should be rejected.
"Third-degree murder charge doesn't apply if you have an absolutely identified victim that you're aiming your animus towards," Friedberg told WCCO radio. "In this case, clearly, the animus of Chauvin, if it existed, was directed toward George Floyd, particularly, nobody else."