Ex US police officer challenges conviction to the Minnesota Supreme Court for the death of Australian citizen Justine Ruszczyk
In the 2017 deadly shooting of Australian citizen Justine Ruszczyk, who called 911 to investigate a suspected sexual assault, the former Minneapolis police officer accused of third-degree murder begged the Minnesota Supreme Court to hear his appeal.
After a Court of Appeals tribunal affirmed the jury's ruling earlier this month, Mohamed Noor lodged a motion asking the state's supreme court to reverse his conviction in the death of Ms Ruszczyk.
Some legal scholars claim the third-degree murder charge occurs only where the actions of a defendant place several persons at risk, but the court of appeals said it would occur when the actions of a defendant are aimed at one party.
The Supreme Court of the state now needs to determine if it can hear the appeal.
The appeal ruling will stand if it does not, announced the Star Tribune.
On the night of July 15, 2017, Ms Ruszczyk called 911 to witness a potential sexual assault in an alley behind her home.
Officers Matthew Harrity and Noor were assigned to the scene at 11.37pm and arrived.
Noor was seated in the passenger seat, took his gun out and fired through the car to reach the unarmed Ms. Ruszczyk outside the driver's side entrance, prosecutors said.
Noor admitted shooting Ms Ruszczyk, but said that he did so in fear of being ambushed by him and his partner.
Noor is reportedly serving a 12-and-a-half-year term in jail for murder in the third degree.
Links to the Case of George Floyd
In the pending trial of former Minneapolis cop Derek Chauvin, who is charged with second-degree murder and manslaughter in George Floyd's death on May 25, the issue could have consequences.
A third-degree murder count was dropped last October by the judge in Mr. Chauvin's lawsuit, saying it did not matter because Mr. Chauvin's acts were aimed at Mr. Floyd alone.
But authorities are fighting to get it reinstated, arguing the ruling on appeal shows that Mr Chauvin should still be shielded by the third-degree murder count.
In that case, the Minnesota Court of Appeals on Monday is expected to hear arguments.
Jury selection in the trial of Mr Chauvin is set to begin on March 8.