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Ruling could put 3rd-degree murder charge in play for ex-cop

In this image taken from video, defense attorney Eric Nelson, left, and defendant former Minneapolis police officer Derek Chauvin listen as Hennepin County Judge Peter Cahill presides over jury selection, Wednesday, March 10, 2021, at the Hennepin County Courthouse in Minneapolis, Minn., in the trial of Chauvin, who is accused in the May 25, 2020, death of George Floyd. (Court TV/Pool via AP)

MINNEAPOLIS (AP) — The Minnesota Supreme Court declined Wednesday to hear the appeal of a former Minneapolis police officer who is trying to block a third-degree murder charge from being reinstated in George Floyd’s death.

At issue is whether the conviction of another former police officer in an unrelated case established a precedent for prosecutors to restore a third-degree murder charge against Derek Chauvin that the trial judge dismissed earlier.

The high court’s decision left open the possibility that the judge could add the charge back — and lessened the chances that his trial would be delayed over the dispute.

Judge Peter Cahill noted the ruling during a break and told the prosecution and defense that they’ll discuss the issue Thursday morning before jury selection begins for the day. He noted that there are still some legal issues left to be decided before resolving that dispute.

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