Jury selection for Chauven’s trial for second-degree premeditated murder and manslaughter begins Monday. The former officer pleaded not guilty.
It is not clear what effect, if any, the ruling would have on the trial start date.
Chauvin’s lawyer, Eric Nelson, declined to comment to CNN on the appeals court’s decision.
Court of Appeals Judge Michael Larkin ruled that the District Court “erred in concluding that it was not bound by the principles of law set forth.” Noor The state’s request to return the third-degree premeditated murder charge was refused on this basis.
Larkin wrote, “Therefore, we revoke the District Court order and eliminate the District Court to reconsider the state’s request to return the third-degree murder charge to work in light of the court’s previous opinion in the Nour case.”
“We believe the appeals court correctly decided this,” Ellison said in a statement to CNN. “We believe that the third-degree murder charge, in addition to manslaughter and premeditated murder, reflects the seriousness of the allegations against Mr. Chauvin.”
Floyd, a 46-year-old black man, died on May 25 after Chauvin kneeled on his neck for nearly eight minutes as Floyd told Chauvin and three other officers that he could not breathe.
Nour was sentenced in June 2019 by Judge Catherine Quintans to 12 and a half years in prison for the fatal shooting of a woman while answering a 911 call.
He was convicted of third degree murder and manslaughter in the death of Justin Rostchik.