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Mumia Legal Update
by mumia legal Friday, Oct. 29, 2004 at 7:40 AM

The U.S. Court of Appeals for the Third Circuit issued an Order on Oct. 19 denying Mumia's legal team's 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 there are issues pending in the Pennsylvania Court of Common Pleas.

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

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