Wednesday, September 15

Reversed on Appeal at the Minnesota Supreme Court...

Former Minneapolis police officer Mohamed Noor's third-degree murder conviction of a female civilian:

MINNEAPOLIS (WCCO) — The Minnesota Supreme Court has reversed Mohamed Noor’s conviction of third-degree depraved-mind murder in the death of Justine Damond.

On Wednesday in court filings, the supreme court ruled to reverse the murder conviction and send the case to district court where he will be sentenced for his second-degree manslaughter conviction.

The ruling said that mental state necessary for depraved-mind murder “is a generalized indifference to human life” that can’t exist when the defendant’s conduct is “directed with particularity at the person who is killed.”

According to the ruling, evidence is insufficient to sustain his convection since the “appellant’s conduct was directed with particularity at the person who was killed.”

In March, Noor’s attorney filed a petition asking the high court to hear the case after the Minnesota Court of Appeals ruled earlier this year to uphold the 2019 conviction for the shooting death of Damond. The petition to the high court was granted just days later, according to an order signed by Chief Justice Lorie Gildea.

  The ruling could have legal implications for Derek Chauvin's murder convictions:

The judge presiding over the trial of former Minneapolis police officer Derek Chauvin in the death of George Floyd has reinstated a third-degree murder charge in the case after the Minnesota Court of Appeals ruled that the application of the count in another civilian death involving a Minneapolis police officer established precedent.

Hennepin County District Court Judge Peter Cahill, who dismissed the third-degree murder charge in October, granted the motion by prosecutors to reinstate the charge after hearing arguments from both sides of the case.

Cahill's decision hinged on a recent appellate court decision upholding a third-degree murder conviction against former Minneapolis police officer Mohamed Noor in the 2017 fatal shooting of Justine Ruszczyk Damond after she called 911 to report an assault in progress near her home.

"With regard to the state's motion to reinstate, the court is going to grant the motion," Cahill said before the third day of jury deliberations began.

Cahill said that he initially disagreed with the appellate court's decision in the Noor case.

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