This means the jury will be able to convict the killer of either second- or third-degree murder. This will make it easier to convict.

HENNEPIN COUNTY SHERIFF’S OFFICE Derek Chauvin TEXT SIZE EMAIL PRINT MORE The Minnesota Court of Appeals ruled Friday that a trial judge was wrong to deny prosecutors' request to reinstate a third-degree murder charge against former Minneapolis police officer Derek Chauvin, who is scheduled to be tried next Monday in the killing of George Floyd.

The court ruled that its Feb. 1 decision in an unrelated third-degree murder case set precedent that should apply to Chauvin's case. The court overturned a ruling by Hennepin County District Judge Peter Cahill that rejected charging Chauvin with the count, and sent the prosecution's request back to him for reconsideration.

"A precedential opinion of this court has immediate precedential effect…," wrote Court of Appeals Judge Michelle Larkin. " … Although parties, attorneys, district court judges, and the public may disagree with this court's precedential decisions, district courts are bound to follow them. If it were otherwise, there would be uncertainty in the law and the integrity of our judicial system would be undermined."

The ruling comes as Chauvin prepares to go on trial next week on second-degree murder and manslaughter charges, and four days after the Court of Appeals heard oral arguments from prosecutors and Chauvin's attorney, Eric Nelson, on the issue. It's unclear what impact, if any, the ruling could have on the trial's start date, although legal scholars said a delay is possible.

Cahill previously ruled that he did not have to reinstate the charge because the Court of Appeals' February decision was not yet precedent due to a possible review of by the Minnesota Supreme Court.