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Thursday, December 8, 2005 12:00 AM

A victory for Mumia

A court rules that Mumia Abu-Jamal can appeal his murder conviction on three separate grounds.

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  • Thursday, December 8, 2005 08:21 AM

    Appeals usually are on procedural grounds

    "Anonymous" stated that it's "interesting to note that Abu-Jamal's appeal is being granted on procedural grounds."

    That usually is the case. In fact:

    In In 1993's Herrera vs. Collins, a five-justice majority led by Chief Justice William Rehnquist ruled in a Texas death row case that a "claim of innocence," even a claim of innocence based on newly found evidence, does not entitle an inmate convicted in state court to constitutional review by a federal court. (From a September 2004 UPI story on the death penalty.)

    That case should send a chill through anyone.

    The story goes on:

    Federal courts do not exist to correct errors of fact in state courts, Rehnquist said, but to make sure someone is not imprisoned in violation of the Constitution.

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