[News] Mumia Abu-Jamal - Good Decision, U.S. Court of Appeals
News at freedomarchives.org
Wed Dec 7 11:32:13 EST 2005
From: <mailto:RobertRBryan at aol.com>RobertRBryan at aol.com
Date: December 6, 2005 5:27:10 PM PST
Subject: Mumia Abu-Jamal - Decision, U.S. Court of Appeals
Dear Friends and Supporters:
Today the United States Court of Appeals for the Third Circuit issued
the most important decision affecting my client, Mumia Abu-Jamal,
since the lower federal court ruling in December 2001. An order was
issued this morning that the court will accept for review the
following issues, all of which are of enormous constitutional
significance and go to the very essence of Mumia's right to a fair
trial due process of law, and equal protection of the law under the
Fifth, Sixth and Fourteenth Amendments to the U.S. Constitution:
* Claim 14: Whether appellant was denied his constitutional
rights due to the prosecution's trial summation.
* Claim 16: Whether the Commonwealth's use of peremptory
challenges at trial violated appellant's constitutional rights under
Batson v. Kentucky, 476 U.S. 79 (1986).
* Claim 29: Whether appellant was denied due process during
post-conviction proceedings as a result of alleged judicial bias.
Claim 16 concerns the prosecutorial use of racism in jury
selection. The record establishes beyond question that racism is a
major thread that has run through this case since Mumia's 1981
arrest, and continues to today. Claim 14 relates to the guilt
phase. It includes the prosecutor's argument that if convicted Mumia
would have "appeal after appeal." That comment effectively lessened
the burden of the jurors, and turned the concept of reasonable doubt
and presumption of innocence on its head. Claim 29 is about the bias
and incredible racism of Judge Albert Sabo, the trial
judge. Unfortunately, it is limited to his conduct at the 1995
evidentiary (PCRA) hearing, rather than his monstrous behavior at
trial. This restriction is because all of the prior attorneys
mistakenly did not attack Sabo's misconduct at trial, an unfortunate
oversight and mistake
The court has also issued a briefing schedule. The case is now on
the fast track, as I have been predicting. The opening briefs are
due to be filed by January 17, 2006.
Please post this e-mail and the attached Order on your web sites, and
Today we achieved a great victory in the campaign to win a new trial
and the eventual freedom of Mumia.
Your support, and activism, is badly needed and appreciated.
With best wishes,
Robert R. Bryan
Law Offices of Robert R. Bryan
2088 Union Street, Suite 4
San Francisco, California 94123
Lead counsel for Mumia Abu-Jamal
The Freedom Archives
522 Valencia Street
San Francisco, CA 94110
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