[News] Mumia - Order denying stay, US Ct. of Appeals, Oct. 19

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Thu Oct 28 08:53:14 EDT 2004



This email just received from Mumia's Legal Team:

Dear Friends:

The U.S. Court of Appeals for the Third Circuit issued an Order on Oct. 19 
denying our motion for stay of the proceedings on appeal in order to 
litigate newly discovered facts & issues. This means that the case will 
continue to move forward federally at the appellate level even though we 
have issues pending in the Pennsylvania Court of Common Pleas, & need to 
return to the U.S. District Court regarding the trial judge's statement 
during trial in reference to Mumia: "Yeah, and I'm going to help'em fry the 
n----r."

In the Status Report of Cross-Appellant and Appellee With Suggestion of 
Stay Due To Pending Proceedings, filed July 16, 2004 on behalf of Mumia, I 
said in part:

This  Court is urged to stay the proceedings because of: (1) pending 
postconviction  litigation in the Pennsylvania Court of Common Pleas; and 
(2) further  proceedings to be commenced in the U.S. District Court, 
following the recent  denial of certiorari, on the issue of the specific 
bias of the trial judge (“Yeah, and I'm going to help'em fry the nigger").

We are in the process of preparing a motion to remand the case to the US 
District Court, in order to litigate the bias & racism of the trial judge. 
You may be aware that an enormous obstacle to raising new claims & facts is 
the 1996 Antiterrorism & Effective Death Penalty Act of 1996 (AEDPA).

You will be advised upon further developments of significance.

With best wishes,

Robert
=======
Law Offices of Robert R. Bryan
2088 Union Street, Suite 4
San Francisco, California 94123-4124




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