The Minnesota Supreme Court will not hear an appeal from Derek Chauvin's legal team on whether the former police officer should be charged with third-degree murder for the May death of George Floyd. After the Minnesota Court of Appeals on Friday ruled that the previously tossed third-degree murder charge against Chauvin should be reconsidered, the 44-year-old’s team filed a petition challenging the Court of Appeals decision that indicated the charge was appropriate. On Wednesday, however, the state’s top court declined to hear the appeal—meaning it is now up to Hennepin County Judge Peter Cahill to decide whether a third-degree murder charge will be reinstated. Cahill, who ruled against the third-degree charge in October, said earlier this week he wanted to hear the appeals court’s ruling on whether the new charge should be added to Chauvin’s case before making a decision.

During Wednesday’s jury selection, Cahill told prosecutors and defense attorneys the Supreme Court’s decision will be discussed on Thursday. So far, five of the 12 jurors needed for the trial have been selected. On Wednesday, two jurors were selected, including one who was concerned the trial’s timing could impact his May 1 wedding in Florida. “Go ahead and throw me under the bus with your fiancée,” Cahill told the juror after he was selected. The other juror selected Wednesday is a Black man who immigrated to the United States over a decade ago and insisted he will “follow the law” after forming a negative view of Chauvin following the viral video of Floyd's arrest. Prosecutors have previously argued that proceeding with jury selection before the third-degree charge has been decided on by an appeals court could ultimately result in Chauvin’s case getting tossed.