
After five years of appellate defeats, attorney Greg Joseph has filed a post-conviction relief petition that directly challenges what legal observers describe as grave prosecutorial misconduct and judicial abuses in Derek Chauvin’s murder conviction.
Quick Take
- Greg Joseph files substantive post-conviction relief petition challenging Chauvin’s conviction based on alleged prosecutorial misconduct and false testimony
- Petition focuses on documented evidence from prosecutors’ own memoranda showing Medical Examiner Andrew Baker’s early assessment found no evidence of homicide
- Defense alleges Minneapolis Police Department officials provided false sworn testimony about restraint techniques used on George Floyd
- If successful, petition could reopen case and potentially affect convictions of three other officers involved in Floyd’s death
A New Legal Strategy Emerges
Derek Chauvin’s defense team has shifted tactics after the U.S. Supreme Court declined his appeal in November 2023. Rather than pursuing procedural arguments about venue and pre-trial publicity, attorney Greg Joseph now targets what he characterizes as systemic prosecutorial abuse and false testimony during the original trial. This represents a substantively different challenge than previous appeals rejected at every appellate level.
Prosecutorial Conduct Under Scrutiny
The petition’s core allegation centers on Medical Examiner Andrew Baker’s early assessment, documented in prosecutors’ own memoranda, that George Floyd showed no evidence of homicide and no lethal injuries. This documented contradiction between Baker’s initial findings and the prosecution’s case theory provides evidentiary foundation for claims of prosecutorial misconduct. The petition builds on prior work by attorney Chris Madel exposing alleged false testimony from Minneapolis Police Department officials regarding restraint techniques used on Floyd.
False Testimony and Institutional Accountability
The petition alleges that sworn testimony from Minneapolis Police Department officials contained false information about the restraint technique applied to Floyd. This suggests potential institutional pressure or coordination that may have influenced trial testimony. The defense team points to precedent where a judge dismissed a case with prejudice, required a witness to acknowledge inaccuracy of statements, and ordered payment of defendants’ legal fees—reinforcing claims that similar testimony should not have been relied upon during Chauvin’s trial.
Implications for the Broader Case
If Joseph’s petition succeeds, it could result in vacating Chauvin’s conviction and obtaining a new trial. More significantly, the allegations of systemic prosecutorial and judicial misconduct could apply to the convictions of the three other officers involved in Floyd’s death—Tou Thao, Thomas Lane, and J. Alexander Kueng. The petition’s focus on documented evidence and institutional misconduct could establish precedent regarding post-conviction relief standards in high-profile cases involving police conduct.
Uncertainty Remains Despite Prior Defeats
Minnesota appellate courts have consistently upheld Chauvin’s conviction across four years of litigation. Legal experts previously characterized his remaining legal avenues as limited. However, the substantive nature of Joseph’s allegations—grounded in prosecutors’ own memoranda and documented false testimony—presents a different evidentiary foundation than earlier appeals based on procedural arguments. The petition now awaits evaluation by Minnesota appellate courts, with outcome uncertain despite the defense team’s strengthened legal position.
Sources:
Derek Chauvin Update: Prison Stabbing, Appeals, Sentence Length and Where He Is Now
Finally, A Serious Challenge To Derek Chauvin’s Conviction – American Thinker
Minnesota Court of Appeals Upholds Murder Conviction of Derek Chauvin for the Death of George Floyd
Chauvin Appeal: Judge OKs Analysis of George Floyd’s Heart Tissue, Fluids in Federal Case












