The Washington Post picked up a story from conservative press that a juror in the Derek Chauvin trial likely had a previous bias toward ruling in the state's favor, and triggered liberals couldn't hold back their horror.
In total, the motion alleges eight abuses of discretion by the court.
"Judges do not want to declare mistrials, particularly in a case where there has been a verdict and given the special circumstances of this case", Tuller said.
Nelson cited many reasons in his request for a new trial.
Mike Brandt, a Minneapolis defense attorney not involved in the case, told the AP the revelation alone wasn't almost enough to overturn Chauvin's conviction, but it could be combined with other issues - the announcement of a massive civil settlement to Floyd's family during jury selection, the shooting of Daunte Wright, the judge's refusal to move the trial - in an appeal to say Chauvin was denied a fair trial.
Mitchell was the first member of the jury that convicted Chauvin of murdering George Floyd to publicly comment about the trial. "The publicity was so pervasive and so prejudicial before and during this trial that it amounted to a structural defect in the proceedings".
A photo, posted on social media, shows Brandon Mitchell, who is Black, attending the August 28 event to commemorate Martin Luther King Jr.'s "I Have a Dream" speech during the 1963 March on Washington.
Nelson said Cahill also abused his discretion when he submitted jury instructions that Nelson said failed to accurately reflect the law on the murder charges and use of force, permitted the state to present cumulative evidence on use of force, and ordered the state to lead witnesses on direct examination, among other things.
Tuerkheimer added, however, that Mitchell's alleged denial that he was involved in any protests could prompt Judge Peter A. Cahill to bring Mitchell in for further questioning to assess whether he was untruthful, or worse, if he had an agenda or a predetermined verdict in mind.
That juror, Brandon Mitchell, has defended his actions, saying the event was to commemorate the 1963 March on Washington and was not a protest over Floyd's death.
According to the photo's caption, the image was captured in Washington, D.C., around the same time thousands of protesters descended upon the National Mall in the nation's capitol for the "Get Your Knee Off Our Necks" March to express their support for Floyd and other black people who were killed by law enforcement and protest against police violence.
Nelson did not immediately return a message seeking details about his allegation of juror misconduct.
Dunn said a more detailed review would be needed to determine if Mitchell "lied about, or failed to provide complete answers on whether he has engaged in public activism". The objective of holding a hearing to impeach the verdict would be to develop a factual record and present evidence that could determine whether the verdict was compromised.
Author David Steele was among those who didn't think Mitchell's lack of impartiality was a concern.