Mumia - Order denying stay, US Ct. of Appeals, Oct. 19

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