<html>
<body>
<h1><b>U.S. court sends back Abu-Jamal death penalty
case</b></h1><font size=3>
<a href="http://blogs.reuters.com/search/journalist.php?edition=us&n=james.vicini&">
James Vicini</a><br>
WASHINGTON<br>
Tue Jan 19, 2010 10:53am EST<br>
<a href="http://www.reuters.com/article/idUSTRE60I3GL20100119" eudora="autourl">
http://www.reuters.com/article/idUSTRE60I3GL20100119<br><br>
</a>WASHINGTON (Reuters) - The U.S. Supreme Court on Tuesday granted an
appeal by prosecutors and set aside a ruling that invalidated the death
sentence of black political activist Mumia Abu-Jamal for the 1981 murder
of a Philadelphia police officer.<br><br>
His case has become a prominent cause for many death penalty
opponents.<br><br>
In a brief order, the Supreme Court sent the case back to a U.S. appeals
court based in Philadelphia for further consideration in view of the high
court's recent decision in an Ohio case that had raised similar
issues.<br><br>
The Supreme Court in the Ohio case unanimously reinstated the death
sentence of a neo-Nazi convicted of murdering three men. The court's
action, which was not a ruling on the merits of the case, could lead to
Abu-Jamal's death sentence being reinstated, too.<br><br>
The appeals court had ruled that Abu-Jamal, 55, deserved a new sentencing
hearing because of flawed jury instructions.<br><br>
Abu-Jamal, a former member of the Black Panthers militant group, was
convicted and sentenced to death in 1982 for murdering white Philadelphia
police officer Daniel Faulkner in an early morning confrontation on
December 9, 1981.<br><br>
The officer was shot after stopping Abu-Jamal's brother for driving the
wrong way down a Philadelphia street. Abu-Jamal, a former radio reporter
who was arrested at the scene, has maintained his innocence.<br><br>
Abu-Jamal's jailhouse writings about the justice system have drawn the
attention of many people around the world. His case attracted the support
of many death penalty opponents, foreign political leaders and Hollywood
celebrities.<br><br>
The flaw in the jury instructions related to whether the jurors
understood how to weigh mitigating circumstances that could have resulted
in a sentence other than the death penalty. Under the law, jurors did not
have to agree unanimously on the mitigating circumstances.<br><br>
Prosecutors appealed to the Supreme Court the part of the appeals court
decision that invalidated Abu-Jamal's death sentence. The Supreme Court
last year let stand the part of the decision that upheld Abu-Jamal's
murder conviction.<br><br>
(Editing by
<a href="http://blogs.reuters.com/search/journalist.php?edition=us&n=will.dunham&">
Will Dunham</a>)<br><br>
<br><br>
</font><x-sigsep><p></x-sigsep>
<font size=3 color="#FF0000">Freedom Archives<br>
522 Valencia Street<br>
San Francisco, CA 94110<br><br>
</font><font size=3 color="#008000">415 863-9977<br><br>
</font><font size=3 color="#0000FF">
<a href="http://www.freedomarchives.org/" eudora="autourl">
www.Freedomarchives.org</a></font><font size=3> </font></body>
</html>