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Ex-cop appeals against convictions in Justine Damond shooting

Mohamed Noor's lawyers have asked for a 41-month sentence over Justine Ruszczyk Damond's death.

Mohamed Noor's lawyers have asked for a 41-month sentence over Justine Ruszczyk Damond's death. Photo: Getty

Former Minnesota police officer Mohamed Noor has filed an appeal against his convictions for killing unarmed Australian woman Justine Damond Ruszczyk in the US two years ago.

Noor, 33, fatally shot Ms Damond Ruszczyk just minutes after she called 911 to report a possible sexual assault in the alley behind her Minneapolis home in July 2017.

Noor shot the 40-year-old through the car window as she approached the police vehicle.

A jury convicted him of third-degree murder and second-degree manslaughter in April, and he was then sentenced to more than 12 years in prison in June.

In an appeal filed on Tuesday, Noor’s lawyers said the court limited his right to a complete defence.

They have accused the State of Minnesota of misconduct and improperly instructing the jury on the third-degree murder count.

The appeal argued the judge erred by allowing charges “not supported by probable cause” to go to a jury.

On Tuesday, Noor was moved to a prison outside of Minnesota for his own safety. His location has not been disclosed.

Justine Damond with fiance Don and step-son Zach. Photo: Facebook

‘You died surrounded by strangers’

Ms Damond Ruszczyk was originally from Sydney, but moved to Minneapolis to be with fiance Don Damond, an American casino executive.

Mr Damond, who testified as a witness in Noor’s trial, told the court he wished he had not told her to call the police when she thought she heard a woman being sexually assaulted behind their home.

In a five-minute statement, he spoke of the pain of not being able to say goodbye.

“You died surrounded by strangers, some of whom did not care about you a bit,” he said.

“It was at my direction that you summoned your own death.”

Ms Damond Ruszczyk’s family filed a civil lawsuit against the city of Minneapolis and received $US20 million ($28.5 million).

She was a dual citizen of the US and Australia.

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