The Minnesota Court of Appeals on Friday ruled that a lower court must reconsider whether to add a third-degree murder charge against Derek Chauvin, the former Minneapolis police officer who is scheduled to go on trial next week for the death of George Floyd.

The ruling, coming just days before jury selection in Chauvin’s trial was set to begin on Monday, also raises the possibility of a delay in the trial, the New York Times reports.

The unanimous decision by the appeals court means that the trial court may again hear arguments from Chauvin and prosecutors from the Minnesota attorney general’s office over whether Chauvin should face the third-degree murder charge.

He is already facing a more serious charge of second-degree murder, as well as second-degree manslaughter. A third-degree murder charge would give prosecutors an additional avenue to win a conviction.

Chauvin’s lawyer, Eric J. Nelson, could appeal the ruling to the Minnesota Supreme Court.

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