Fwd: <spg-l> Mumia's new Petition filed!
Chris Rust (c_rust@hotmail.com)
Thu, 09 Dec 1999 15:18:00 PST
>From: Prison Radio <radioqc@sirius.com>
>Reply-To: radioqc@sirius.com
>To: prison_radio@topica.com
>Subject: <spg-l> Mumia's new Petition filed!
>Date: Thu, 09 Dec 1999 09:21:11 -0800
>
> >From the office of C. Clark Kissinger
>
>For Immediate Release
>For more information call: Leonard Weinglass,
>212-807-8646
>December 7, 1999
>Dan Williams, 212-883-1200
>
>
>MUMIA ABU-JAMAL FILES NEW MEMORANDUM OF LAW WITH FEDERAL COURT--
>ENTIRE PENNSYLVANIA COURT RECORD ASSAILED
>
>Attorneys for imprisoned journalist Mumia Abu-Jamal today submitted to
>federal district court judge William H. Yohn a 95-page memorandum of
>law.
>
>The memorandum documents the legal basis for each of the twenty-nine
>claims of constitutional violations asserted in Jamal’s petition for a
>federal writ of habeas corpus.
>
>The memorandum also asserts an interpretation of how the 1996
>Antiterrorism and Effective Death Penalty Act should be applied to this
>case.
>
>The 1996 law was designed to restrict the use of federal writs of habeas
>corpus to overturn unjust convictions by state courts. It has the effect
>of restoring the doctrine of “states rights” that prevailed before the
>civil rights movement. One part of the 1996 law requires federal judges
>to give a “presumption of correctness” to findings of fact made by state
>courts.
>
>In Jamal’s new memorandum his attorneys assert that the 1996 law still
>provides two grounds for habeas relief. The first is if the state court
>conviction is “contrary to” clearly established federal law. The
>memorandum asserts that this is the case for all 29 claims, and hence
>there is no need to determine the correctness of state court factual
>findings.
>
>The 95-page memorandum then details the federal court cases that support
>this claim. It also notes that key provisions of the 1996 have not yet
>been ruled on by the U.S. Supreme Court.
>
>In the event that Judge Yohn does not accept the first argument, Jamal’s
>attorneys go on to assert how the second basis of relief in the 1996 law
>should be applied in this case. This deals with cases in which
>conviction was based on an “unreasonable interpretation of the facts.”
>
>Here Jamal’s attorneys argue that application of the “presumption of
>correctness” language presupposes a full and fair hearing in the state
>court system. They assert that this was not the case -- an issue that
>would have to be decided prior to any application of “presumption of
>correctness.”
>
>The memorandum announces that Jamal’s attorneys will be presenting the
>court with a motion to set aside the state court’s findings of fact
>completely as resulting from totally biased and corrupt proceedings.
>
>If this motion is rejected, Jamal’s attorneys will present the court
>with a motion for an evidentiary hearing on twelve of the twenty-nine
>claims asserted.
>
>A complete copy of the memorandum will be posted on
>http://mojo.calyx.net/~refuse/mumia/index.html and other web sites
>covering this landmark case.
>
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