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Photo: Handout/Minnesota Department of Corrections via Getty Images

Derek Chauvin's lawyer filed a motion on Tuesday in Hennepin County, Minnesota, for a new trial on multiple grounds including jury misconduct.

The big picture: Chauvin was found guilty of second-degree murder, third-degree murder and second-degree manslaughter last month in George Floyd's death. Video of Chauvin kneeling on Floyd's neck for more than 9 minutes as Floyd pleaded that he couldn't breathe sparked global protests.

What they're saying: "The State committed pervasive, prejudicial prosecutorial misconduct, which deprived Mr. Chauvin of his constitutional rights to due process and a fair trial, including but not limited to: disparaging the Defense; improper vouching; and failing to adequately prepare its witnesses," the motion reads.

  • The filing cites factors such as "the interests of justice; abuse of discretion that deprived the Defendant of a fair trial; prosecutorial and jury misconduct; errors of law at trial; and a verdict that is contrary to law."
  • Chauvin's attorney Eric Nelson, who filed the motion, did not name any jurors or explain what specific misconduct he was referring to.
  • "The publicity here was so pervasive and so prejudicial before and during this trial that it amounted to a structural defect in the proceedings," the motion read.

What to watch: Nelson filed a request for a hearing to impeach the verdict “on the grounds that the jury committed misconduct, felt threatened or intimidated, felt race based pressure during the proceedings, and/or failed to adhere to instructions during deliberations, in violation of Mr. Chauvin’s constitutional rights to due process and a fair trial.”

    • He also asked the court for time to fully investigate the issues.
    • Wednesday is the deadline for post-conviction filings, per Minnesota court rules cited by the Wall Street Journal.

Go deeper

By the numbers: Census to show first decline of white population

Expand chart
Data: U.S. Census Bureau via Brookings Institute; Chart: Sara Wise/Axios

The latest census is expected to show the first decline in history for the nation's non-Hispanic white population, according to an analysis of U.S. Census Bureau data by the Brookings Institution's William Frey.

Why it matters: The U.S. is rapidly moving toward a majority-minority population — with the racial and ethnic diversity most apparent in younger cohorts. "This really is moving in a direction that’s going to favor the issues and the political agendas of these younger people," Frey told Axios.

2 hours ago - Politics & Policy

Democrats plot filibuster workarounds

Illustration: Aïda Amer/Axios

Several Democratic lawmakers are moving away from calls to eliminate the filibuster while privately discussing alternatives to bypass it, Axios has learned.

Why it matters: These talks have ramped up in earnest following the Republicans’ move Tuesday to block a measure to protect and expand voting rights.

2 hours ago - Politics & Policy

Infrastructure's remaining potholes

Illustration: Shoshana Gordon/Axios

President Biden declared victory in announcing the bipartisan infrastructure package. Now comes the hard part: negotiating with his own party on the separate reconciliation bill.

Why it matters: By trying to simultaneously pass two massive spending bills, Biden and congressional leaders are attempting a legislative feat that will likely require Congress to work through its August recess — and potentially well into the fall, according to lawmakers and senior staffers.