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Post by trogdor on Feb 20, 2008 22:29:29 GMT -6
Pa. court rebuffs Abu-Jamal on bid for perjury hearingMumia Abu-Jamal, who is on death row for the 1981 murder of Philadelphia Police Officer Daniel Faulkner, lost another round in the Pennsylvania Supreme Court yesterday even as he awaits a pivotal ruling from a federal appeals court. The state's highest court rejected Abu-Jamal's request for a hearing into his contention that witnesses in his case committed perjury. The justices concluded that he had waited too long before raising his arguments. In his quarter-century of appeals, Abu-Jamal, 53, has become the focus of an international debate about the death penalty, with supporters around the world questioning whether he received a fair trial or might even be innocent. But Abu-Jamal has lost three previous times in the state Supreme Court, which upheld his conviction and death sentence. In 2001, U.S. District Judge William H. Yohn Jr. upheld the conviction but threw out the death sentence, ruling that Abu-Jamal must be sentenced to life in prison or get a chance to persuade a new Philadelphia jury that he deserves life rather than death. Yohn concluded that the jury in Abu-Jamal's 1982 trial might have mistakenly believed it had to agree unanimously on mitigating circumstances, factors that might have caused jurors to opt for life. A three-judge panel of the U.S. Court of Appeals for the Third Circuit has been considering whether to reinstate the death sentence or uphold Yohn's decision. The court also could order a new trial, or a hearing on Abu-Jamal's contention that blacks were unfairly excluded from his jury. If the Third Circuit panel reinstates the death sentence, Abu-Jamal moves closer to execution, and his best chance for avoiding lethal injection would be a petition to the U.S. Supreme Court, which hears fewer than 2 percent of all petitions filed each year. www.philly.com/inquirer/local/20080220_Pa__court_rebuffs_Abu-Jamal_on_bid_for_perjury_hearing.html
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Post by Matt on Feb 20, 2008 22:37:10 GMT -6
As we used to exclaim on the pick-up basketball court, he's been
JABBARED!!!!!!!
(as REJECTED, IN YOUR FACE, after Kareem Abdul, the Laker famous for blocking shots)
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Post by Californian on Feb 20, 2008 23:29:33 GMT -6
Can we light him up now?
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Post by HANGMAN1981 on Feb 20, 2008 23:34:20 GMT -6
Let's just call this a SLAM DUNK case!
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Post by Elric of Melnibone on Feb 21, 2008 1:20:36 GMT -6
Let us hope they re-instate the origenal sentence and that he is executed later this year. It has been far too long that he has avoided his just and fairly imposed sentence for murder.
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Post by Deleted on Feb 23, 2008 22:33:23 GMT -6
The particular appeal that was tossed out of the court was one of two that are in the courts.
This one that was denied was in the State Supreme Court and dealt with alleged witness perjury.
The major appeal in play and the one that really has some teeth which ever way it goes is the one before the 3rd Circuit.
In 2001, Judge Yohn tossed out the death sentence over a very small technicality with regards to jury instructions, but he also denied Jamal a new trial. Both sides appealed the verdict and it is now before the 3rd Circuit. They could accept the Yohn ruling and keep Jamal for life, or he could get a new sentencing hearing. The least likely thing to occur is that the death penalty will be re-instated. And even if it were, it would not be the end of the road for Mumia. He would still get appeals. It is important to remember that the only people to have been executed in PA were those who abandoned the process and essentially accepted their sentence, something Jamal would never do.
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Post by wrench on Feb 24, 2008 11:34:01 GMT -6
so do you think the third circuit will not re-instate the DP? if i follow both what the article and your statement say then three options appear possible. 1 life, 2 another sentencing trail, or 3 reinstatement. i agree that if reinstated the chances of him not be executed is unfortunately high. but that's a separate issue.
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Post by Deleted on Feb 25, 2008 0:18:12 GMT -6
It should be known that the Judge who issued the ruling also rejected all of Jamal's other claims except for the one about the "faulty" jury instructions.
Without actually asking anyone on the jury he assumed that the jury may have erroneously believed they were required to agree unanimously on any mitigating circumstance.
"When the jury instructions and verdict sheet employed in Jamal's case are considered, it becomes apparent that there is reasonable likelihood that the jury has applied… instruction in a way that prevents the consideration of relevant evidence,"
I personally think it is a rather weak arguement, certainly not something to throw a death penalty conviction out in a case where the defendant is so clearly guilty, especially considering the Judge is assuming something that the defense should have had to prove.
Statistically speaking, the Judges are more likely let the ruling stand as is or have a new sentencing hearing. No matter what the ruling is, I think Mumia will be able to dodge the sentence of death handed down to him by a jury of his peers and he will also likely appeal to the Supreme Court if the ruling doesn't go his way.
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Post by hoyadestroya85 on Mar 3, 2008 15:22:50 GMT -6
But after Beard v. Banks, they are constitutionally obliged to reinstate the sentence on the grounds of the jury instructions.. i see a reverse and a remand back to the district court personally
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Post by ichy on Mar 3, 2008 22:47:12 GMT -6
26 years since the trial, and the damned lawyers are STILL dragging this out. Absolutely disgusting. PA's death penalty is an even bigger joke than Maryland's. At least we've had a few non-consensual executions.
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Post by trogdor on Mar 4, 2008 23:47:16 GMT -6
26 years since the trial, and the damned lawyers are STILL dragging this out. Absolutely disgusting. PA's death penalty is an even bigger joke than Maryland's. At least we've had a few non-consensual executions. Great first post! So...are you a chick? If so, are you hot? Pic please.
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Post by Felix2 on Mar 5, 2008 3:05:37 GMT -6
26 years since the trial, and the damned lawyers are STILL dragging this out. Absolutely disgusting. PA's death penalty is an even bigger joke than Maryland's. At least we've had a few non-consensual executions. Great first post! So...are you a chick? If so, are you hot? Pic please. the rules here mean that you have to copy me in to any such pics you send!
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Post by crappieboy on Mar 5, 2008 6:20:13 GMT -6
Has anyone here read the book, "Murdered by Mumia?"
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Post by lawrence on Mar 5, 2008 6:32:06 GMT -6
Nope and dont care to. 26 years on Death Row, You lot must be very proud of your justice system. If a bloke kills someone in a state with the DP surely it doesnt take 26 years to ensure that the facts are right and the evidence watertight. Its sick. Truely inspirational. Im actually quite shocked. Yet another reason why i cant and want support the DP. Shame on your justice system.
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Post by Felix2 on Mar 5, 2008 7:08:31 GMT -6
Has anyone here read the book, "Murdered by Mumia?" No but did'nt he kill a policeman? He sure has become famous though and I suspect he would'nt be if he had'nt been on death row.
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Post by lawrence on Mar 5, 2008 7:18:24 GMT -6
*crap* Felix, you can tell im a type of guy who has been around the block a bit, but i just cant get my head around this. If a guy has been found guilty in the second best justice system in the world then why does it take 26 bloody years to finally get around to executing the bloke??. Its sick. If the Dp is legal in that state and the evidence is water tight then inject, fry or shoot the bastard. i dont give a shyte to use iamjumbo's words about the fact he shot a policeman, it was 26 years ago. He has done what most would consider a life sentence and now their going to execute him. Lovely. They must feel very proud. Its bloody barbaric in my book. He should have been zapped a long time ago. *crap* no wonder people like me are totally against it. I think the US should get their justice system in order. If you condemn someone to death then dont sod about, just get it done and dusted. No wonder most people now adays are aginst it. I thought Richies case was bad enough. bugger me.
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Post by Felix2 on Mar 5, 2008 7:29:32 GMT -6
*crap* Felix, you can tell im a type of guy who has been around the block a bit, but i just cant get my head around this. If a guy has been found guilty in the second best justice system in the world then why does it take 26 bloody years to finally get around to executing the bloke??. Its sick. If the Dp is legal in that state and the evidence is water tight then inject, fry or shoot the bastard. i dont give a shyte to use iamjumbo's words about the fact he shot a policeman, it was 26 years ago. He has done what most would consider a life sentence and now their going to execute him. Lovely. They must feel very proud. Its bloody barbaric in my book. He should have been zapped a long time ago.*crap*no wonder people like me are totally against it. I think the US should get their justice system in order. If you condemn someone to death then dont sod about, just get it done and dusted. No wonder most people now adays are aginst it. I thought Richies case was bad enough. bugger me. If you think Richies case was bad you shoukld read up on some of the carry on's in Texas. Incompetent DNA so called specialists like Gilchrist who fooked up repeatedly even on cases where the VICTIMS have been executed and Texas does'nt give a shyte in their eagerness to kill. I predict it will ironically be the likes of texas that kill the DP for most reasonable Americans.
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Post by lawrence on Mar 5, 2008 7:35:53 GMT -6
Lets hope so before they become the bloody laughing stock of the planet. Jesus what a joke. But hey, its their joke so let them got on with it. Hopefully the good decent people of texas will vote to put an end to it. Its a bloody sham.
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Post by Felix2 on Mar 5, 2008 7:50:30 GMT -6
Lets hope so before they become the bloody laughing stock of the planet. Jesus what a joke. But hey, its their joke so let them got on with it. Hopefully the good decent people of texas will vote to put an end to it. Its a bloody sham. Become? I rather thought they were in some instances!
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Post by lawrence on Mar 5, 2008 8:09:11 GMT -6
Look , dont get me wrong Felix, if he was found guilty of shooting a copper and the evidence was water tight he should have been sorted out a long time ago if the texas state has trhe DP. i feel no love or whatever to this guy but surely 26 years. im still shocked about it Can someone explian to me why its taken 26 years? baffling.
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Post by RickZ on Mar 5, 2008 10:14:52 GMT -6
Nope and dont care to. 26 years on Death Row, You lot must be very proud of your justice system. If a bloke kills someone in a state with the DP surely it doesnt take 26 years to ensure that the facts are right and the evidence watertight. Its sick. Truely inspirational. Im actually quite shocked. Yet another reason why i cant and want support the DP. Shame on your justice system. Yeah, and if we took 'em out back of the courthouse and shot 'em right after sentencing, you'd be beyotching about that, too.
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Post by SkyLoom on Mar 5, 2008 12:43:03 GMT -6
Look , dont get me wrong Felix, if he was found guilty of shooting a copper and the evidence was water tight he should have been sorted out a long time ago if the texas state has trhe DP. i feel no love or whatever to this guy but surely 26 years. im still shocked about it Can someone explian to me why its taken 26 years? baffling. The evidence against Mumia was not water tight... not by a long shot! Also, the Pennsylvania death penalty is on its way out. Mumia was convicted in Pennsylvania, not Texas.
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swif
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Post by swif on Mar 5, 2008 14:25:27 GMT -6
He should have been gone long ago, hope it is soon !!
Kill someone then take the consquences !!
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Post by Deleted on Mar 5, 2008 23:04:02 GMT -6
The issue does not come down to the amount of evidence.
In PA, due to the appellate system and the time it takes Judges to render rulings on them, the death penalty in PA may as well not exist.
Since the 1970's when the DP was brought back in PA, only three people have been executed and all of them were inmates who had abandoned their appeals. It was not murder by the state, it was suicide by the state.
And for the record, as someone who has been on both sides of the Jamal debate, I have come to conclude that the case against him is and was airtight. It is his political leanings and writings that have brought him the support that he has, not a deficiency in evidence.
The conspiracy theories that have been contrived by the Jamal legal teams have been thoroughly rebuked by every court that has ever seen them. The only victory that Jamal has had in court was one that was indeed shaky.
In 2001 Judge Yohn tossed the Death Penalty out on a technicality over the jury instructions and what he thought the jury might have thought. He rejected all of Jamal's other claims and even this reversal is questionable as it is predicated upon something that the Jugde should have had to have proof of, he instead went off of the assumption.
For those of you who doubt Jamal's guilt I suggest you read the court transcripts at danielfaulkner.com
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Post by lawrence on Mar 6, 2008 7:17:48 GMT -6
Its all bollocks then, thats what your saying really. So he was found guilty of murder else where, i always assumed that the US wa s a united country, why all the tosh about the DP is this state and not in that one. He was found guilty of killing a copper yes, the evidence at that time i suppose was pretty good. Christ your the states for christ sake, your justice system is similar to our, innocent until proven guilty. If during that time on Death Row he has evidence to the contrary then an appeal will surly be heard and then if he is still found guilty execute the scummer, dont F*** about. he is still a human being. If he is innocent or the evidence is not water tight like someone said then why is he in prison and not out on parole pending further investigations etc. Crap, if he is not guilty then the scummer who did shoot the copper is still on the loose and that frightens me more.
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Post by Deleted on Mar 7, 2008 0:22:39 GMT -6
Unless the crime is Federal, the laws regarding the Death Penalty vary from state to state.
At this point in Jamal's appeals, there really is no question as to his guilt or innocence, but is now a question of whether all of the procedures were followed by prosecutors and whether or not there was racial discrimination in the jury selection.
The courts have already ruled on Jamal's appeals on "actual innocence" and ruled against him, so no, he should not be released pending further appeals.
While I can sort of appreciate you arguements or opinions, but it sounds to me as if you are oversimplifying the most complicated issue within America's criminal justice system. I would suggest you take some time to understand the nuances of the capital punishment statutes and if you are really interested in the Jamal case read the transcripts at danielfaulkner.com
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Post by lawrence on Mar 7, 2008 3:20:09 GMT -6
So this scumbag might get out on a technicallity? Interested , not in the sdlightest unless a miscarriage of justice has occured and someone is executed when innocent. I am totally against the DP so reading the statutes will make no difference to my opinion whatsoever. if the scumbag was guitly of killing a copper then the 26 years on death row is a disgrace, this should have been carried out within a at least a decade. I just think its insane and cruel to keep a guy hanging around that long waiting to die. He is as you say a Dead man walking.
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Post by Elric of Melnibone on Mar 7, 2008 7:57:59 GMT -6
Mumia is a scumbag. I have my doubts that he will get out at all. Even if he is off death row and in prison the rest of his life, i wll be happy. However, he will eventually have to face God and the man he murdered. AND they will have no mercey on him at all. I must say Lawrence, that i would not mind at all speeeding up the process, how about giving them a year and a day to make peace with God and get their appeals done, then we execute? How about that?
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Post by lawrence on Mar 7, 2008 9:40:00 GMT -6
Even as an anti Dp Mike i would agree to that. that would be better the the disgraceful way in which not only he has been suffering but the victims family also suffering knowing that he was convicted and found guilty in a court of law and was given the DP. A year and a day, generous to the core. well done you Mike, see you do have a heart, you big softy. have a great weekend, im off to see my gorgeous daughter and misses. be good, be safe and take care to all Pros and anti's, COME ON ENGLAND, Thats rugby guys, you know,, you play it but call it soccer which we call football which actually is football to the rest of the world. Soccer is another name for football. Confused? Swif, you guys have no chance, We shall be breaking scottish hearts this weekend.......again.
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Post by trogdor on Mar 7, 2008 11:38:15 GMT -6
I am totally against the DP so reading the statutes will make no difference to my opinion whatsoever. if the scumbag was guitly of killing a copper then the 26 years on death row is a disgrace, this should have been carried out within a at least a decade. I just think its insane and cruel to keep a guy hanging around that long waiting to die. He is as you say a Dead man walking. This would only have merit if Mumia never attempted to appeal anything and had just let justice take its course. That is far from the case. It has taken 26 years because Mumia has fought it every step of the way. Any warped sense of insanity or cruelty you think exists has been 100% self-imposed by Mumia, NOT by Pennsylvania.
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