[Pnews] Mumia Abu Jamal Granted New Appeal Rights - Demonstration Today

Prisoner News ppnews at freedomarchives.org
Fri Dec 28 09:58:04 EST 2018


*Decision is attached*

Thursday, 27 Dec 2018

/From Rachel Wolkenstein///

Judge Tucker granted Mumia new appeal rights. This is a decision that 
Mumia can file a new appeal to the PA Superior Court on all the issues 
that were denied by the PA Supreme Court while Castille was a PA Supreme 
Court Justice. All Mumia appeal denials from 1998-2014.

It was denied on the /Williams/ argument, but granted on the general 
issue that Castille should have recused himself on the grounds that it 
created an "appearance of bias" for him to be a Justice in Mumia's case. 
I haven't seen the decision yet to give you a run-down of Tucker's exact 
reasoning.

But this is a win -- opens the door to Mumia getting a new trial -- or 
dismissal of charges -- after an appeal to the PA courts. Based on 
Krasner's court filings and recent statements on WHYY, 
Krasner/Philadelphia DA will appeal this decision by Judge Tucker. We 
need to be clear that Krasner stands with the FOP to keep Mumia locked 
in prison for the rest of his life.

We will be ALL OUT against Krasner appealing this decision and ALL OUT 
for Mumia's freedom.

--- Rachel

Concluding paragraph of Judge Leon Tucker’s decision:

Accordingly, Petitioner’s Petition for post conviction relief is 
*DENIED* as to the Williams claim of personal significant involvement 
and *GRANTED* as to the claim of unconstitutional bias pursuant to the 
due process clause of the United States Constitution, and /Aetna, 
Caperton, Lemanski, and Mcfall, inter alia./ 106 S.Ct. 1580; 129 S.CT 
2252; 529 A.2d 1085; 617 A.2d 712,

_________________________________________________


*Victory for Mumia - come out in his support on Dec. 28th outside DA's 
office in Philly.  4-6pm, 3 S. Penn Square*
***(near City Hall & Juniper St)*
*Ruling on an appeals petition for Mumia Abu-Jamal, on Dec. 27, 
Philadelphia Common Pleas Court Judge Leon Tucker found that former 
Justice Ronald Castille should have recused himself because of 
statements he made as a prosecutor about police killers that suggested a 
potential bias. They included campaign speeches and letters advocating 
the issuance of death warrants in such cases.*
*The ruling gives Mumia the chance to re-argue his appeals because of 
that perception of bias. While Tucker rejected defense arguments that 
Castille had played a "significant" role in Abu-Jamal's appeal when he 
was Philadelphia district attorney and then ruled on the case as a 
judge, his decision none-the-less is a victory for Mumia.*

*Knowing that Tucker’s decision could be appealed by DA Krasner, a 
demonstration will be held on Friday, December 28^th at 4pm outside his 
office at 3 S. Penn Square (near City Hall & Juniper St).  This will be 
a victory celebration, a call for future actions and a notice to Krasner 
that the movement to free Mumia will not back down. *





-- 
Freedom Archives 522 Valencia Street San Francisco, CA 94110 415 
863.9977 https://freedomarchives.org/
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://freedomarchives.org/pipermail/ppnews_freedomarchives.org/attachments/20181228/60be0003/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Mumia Decision.pdf
Type: application/pdf
Size: 1279186 bytes
Desc: not available
URL: <http://freedomarchives.org/pipermail/ppnews_freedomarchives.org/attachments/20181228/60be0003/attachment.pdf>


More information about the PPnews mailing list