>Who does the death sentencing? I assume it will be a
>jury. Then, I would expect Mumia to file for a change
>in venue saying he could not get a fair jury, UNLESS
>the pool is likely to bring in a lot of
>African-Americans. The other issue is: how do
>Pennsylvania state court judges get to the bench? I
>would not hold my breath that you will get evenhanded
>rulings from the bench. Plus, the victim impact
>statement will be very powerful. The widow has been
>speaking about this case for years; she knows all of
>the "facts;" she will be a very powerful presence in
>the court. Puls, that court will be wall to wall
>blue.
>
These are state law questions that I (an Illinois lawyer) know nothing about, except that I gather that Penna. state judges are elected. In the mean time there will be appeals of the federal district court's grant of the habeas petition to the Third Circuit, and then to the S.Ct.
jks
>
>--- Justin Schwartz <jkschw at hotmail.com> wrote:
> > >
> > >From what I could see, this meant he gets a new
> > >sentencing hearing, at which time he could still
> > >get the death penalty. So under the pretext of
> > >some improved procedure, the same punishment
> > >could be carried out. Am I wrong? -- mbs
> > >
> > >
> >
> > No, you are correct. But if the procedure is
> > improved, that's not wholly a
> > pretext. jks
> >
> >
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