rpennsylvania, OCT Received Accepted For Review Only IN THE COURT OF COMMON PLEAS PHILADELPHIA COUNTY COMMONWEALTH OF

Transcription

1 COMMT4-xlro's*P4?-q== IN THE COURT OF COMMON PLEAS PHILADELPHIA COUNTY Received Accepted For Review Only OCT Criminal Appeals Un it First Judicia l District of PA COMMONWEALTH OF rpennsylvania, Docket No. CP-5-CR Honorable Pamela Dembe MUMIA ABU-JAMAL, Defendant/Appellant. NOTICE OF APPEAL 2 PLEASE TAKE NOTICE, that Defendant/Appellant, MUMIA ABU- JAMAL, hereby appeals to the Pennsylvania Superior Court from each and every aspect of the Judgment of the Court of Common Pleas entered on the docket on October, 202 in the above captioned matter, re-sentencing Mr. Abu-Jamal to life 7 imprisonment arid-denying Mr. Abu-Jamal's post-sentencing motion. ' t ith L. Ritter PA Bar No Widener University School of Law 480 Concord Pike, Box 7474 Wilmington, DE 9803 (302) Counsel for Defendant/Appellant for purpose of filing Notice of Appeal Dated: Wilmington, DE October 3, 202

2 Certificate of Service I, Judith L. Ritter, hereby certify that on this 3st day of October 202, I served a copy of the within Notice of Appeal, and Order for Transcript Pursuant to Rule 9 and 922, upon the following individuals by First Class United States Mail, postage prepaid: Hugh Burns, Jr., Office of the District Attorney Three South Penn Square v Philadelphia, PA Hon. Pamela Dembe Court of Common Pleas Criminal Justice Center 30 Filbert Street Philadelphia, PA 907 Official Court Reporters 00 South Broad Street Philadelphia, PA 902 Ritter ounsel for Defendant/Appellant

3 IN THE COURT OF COMMON PLEAS PHILADELPHIA COUNTY COMMONWEALTH OF PENNSYLVANIA, Docket No. MUMIA ABU-JAMAL, CP-5-CR Defendant/Appellant. Honorable Pamela Dembe ORDER FOR TRANSCRIPT PURSUANT TO RULE 9 & 922 A Notice of Appeal having been filed in this matter, the official court reporters are hereby ordered to produce, certify and file transcripts in the above captioned matter, of sentencing proceedings that took place between July 3, 202, and October, 202, including all exhibits, in conformity with Pa.R.App.P. 9 and 922. dith L. Ritter PA Bar No Widener University School of Law 480 Concord Pike, Box 7474 Wilmington, DE 9803 (302) Counsel for Defendant/Appellant for purpose of filing Notice of Appeal Dated: Wilmington, DE October 3, 202

4 Docket Number: CP-5-CR CASE Cross Court Docket Nos: MC-5-CR :k Page of Judge Assigned: OTN: Z Initial Issuing Authority: Arresting Agency: Philadelphia Pd Case Local Number Tyrie(sl District Control Number Legacy Docket Number Legacy Microfilm Number PSI Microfilm Number Police Incident Number Date Filed: 0/4/982 Initiation Date: 0/4/982 Lower Court Docket No: Final Issuing Authority: Arresting Officer: Affiant Case Local Number(s) C NFORMATION Case Status: Closed Status Date Processing Status Arrest Date: 2/09/98 0/3/202 Awaiting Appellate Court Decision 0/0/202 Completed 08/23/202 Awaiting Post Sentence Motion Hearing Disposition 08/4/202 Sentenced/Penalty Imposed 03/26/202 Completed 2/07/2009 Awaiting Appellate Court Decision /05/2009 Completed 04/27/2009 Awaiting PCRA Decision 0/2/2008 Completed 07/5/2005 Awaiting Appellate Court Decision 02//2005 Completed 0/4/982 Migrated Case (Active) Complaint Date: 0/4/982 AOPC FRev )3202 Printed 3202 Recent entries made in the court tiling offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can Information Act may be subject to civil liability as set forth in 8 Pa.C,S. Section 983.

5 - COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY Docket Number: CP-5-CR Page 2 of CALENDAR. EVEN. T Case Calendar Event Schedule Start Room Judge Name Schedule Type Start Date Time Status Post Conviction Relief 2/08/2003 8:30 am 206 Scheduled Act Post Conviction Relief 03/08/2004 8:30 am 200 Scheduled Act Post Conviction Relief 0/07/2005 8:30 am 200 Scheduled Act Post Conviction Relief 02//2005 8:30 am 707 President Judge Pamela Pryor Scheduled Act Dembe PCRA PCRA 08/9/2009 9:00 am 005 President Judge Pamela Pryor Dembe 08/9/2009 9:00 am 005 President Judge Pamela Pryor Dembe EFPNPNITINIPRITATL,,,I, City/State/Ziry PHILA., PA 900 Moved Cancelled Participant Type Defendant Name Cook, Wesley SE,PARTICIPA -ft., ;77, Seg. Orig Seg. Grade Statute Statute Description Offense EA. OTN Poss Instrument Of Crime W/Int 209/95 Z Possess Firearm/Other Weapon W/Int 2/09/98 Z _ Murder VOLUNTARY MANSLAUGHTER INVOLUNTARY MANSLAUGHTER ISPOSITION.SENTENCING/PENALTIES.:'' 2/09/98 Z _ 2/09/98 Z /09/98 Z Disposition Case Event Sequence/Description Sentencing Judge Sentence/Diversion Program Type Sentence Conditions Linked Offense - Sentence Disposition Date Final Disposition Offense Disposition Grade Section Sentence Date Credit For Time Served Incarceration/Diversionary Period Start Date Link Type Linked Docket Number Migrated Disposition AOPC 9082 Rev /3202 Printed 3/202 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can Information Act may be subject to civil liability as set forth in 8 Pa.C.S. Section 983.

6 *4g7 P:A4gektt-Nraggitr :di.&.i.c Docket Number: CP-5-CR v. Page 3 of IgObtlION.,'SENTENCINGIRENALTI Disposition Case Event Disposition Date Final Disposition Sequence/Description Offense Disposition Grade Section Sentencing Judge Sentence Date Credit For Time Served Sentence/Diversion Program Type Incarceration/Diversionary Period Start Date Sentence Conditions Linked Offense - Sentence Link Type Migrated Dispositional Event 05/25/983 Linked Docket Number Final Disposition / Poss Instrument Of Crime W/Int Guilty Galli), Robert C. 05/25/983 Confinement Min of 2.00 Years 6.00 Months Max of 5.00 Years 08/4/202 Confinement Min of 2.00 Years 6.00 Months Max of 5.00 Years 2 /2-5 years Confinement Consecutive To Seg A CP-5-CR / Possess Firearm/Other Weapon W/Int Gallo, Robert C. Confinement Nolle Prossed 05/25/983 Min of 2.00 Years 6.00 Months Max of 5.00 Years 08/4/ B 3 / Murder Guilty Gallo, Robert C. 05/25/983. Death Penalty /4/202 Confinement LIFE A - Confinement Consecutive From Seg. CP-5-CR / VOLUNTARY MANSLAUGHTER Gallo, Robert C. 5 / INVOLUNTARY MANSLAUGHTER Gallo, Robert C. Not Guilty 05/25/983 08/4/202 Nolle Prossed 05/25/983 08/4/ _ AOPC 9082 Rev 3202 Printed: /3i202 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets, Neither the courts of the Unified Judicial System of the nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check whrch can only be provided by the Pennsylvania Slate Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 8 Pa.C.S. Section 983.

7 - "ty, I:777r ealiajik4; r,e4 ;4 Docket Number: CP-5-CR Page 4 of Disposition Case Event Sequence/Description Sentencing Judge Sentence/Diversion Program Type Sentence Conditions Linked Offense - Sentence Disposition Date Final Disposition Offense Disposition Grade Section Sentence Date Credit For Time Served Incarceration/Diversionary Period Start Date Link Type Linked Docket Number MMONWEALTI4iNF6RMATIOW:: Name: Philadelphia County District Attorney's Office Prosecutor Supreme Court No: Phone Number(s): (25) (Phone) Address: 3 South Penn Square Philadelphia PA 907 Name: Christina Allison Swarns Private Supreme Court No: Rep. Status: Active Phone Number(s): (22) (Phone) (22) (Fax) Address: NMCP Legal Defense & Educational Fund, Inc. 99 Hudson St 6th Floor New York NY 003 Representing: Cook, Wesley Sequence Number CP Filed Date Document Date Filed By Held for Court 0/4/982 Unknown Filer 05/25/983 Migrated Automatic Registry Entry (Disposition) Text 2 05/25/983 Migrated Sentence APPEAL FILED APPEAL FILED 0/09/2002 AOPC Rev /3202 Printed /3/202 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets Neither the courts of the Unified Judicial System of the nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Pocket Sheet information should not be used in place of a criminal history background check which can lnformation Act may be subject to civil liability as set forth in 8 Pa.C.S. Section 983.

8 Docket Number: CP-5-CR , _Wesley,Cook... Page 5 of Sequence Number CP Filed Date Document Date Filed By 07/23/2003 DOCKET CREATED AS OF 07/23/03 DOCKET CREATED AS OF 07/23/03 2 2/08/2003 PCRA FILE MAINT. SUFFIX D PCRA JUDGE CHANGED FROM 354 DEMBE, PAMELA, P TO 380 KEOGH, D. WEBSTER 3 2/08/2003 PCRA NEXTACT/DISP SUFFIX D OLD NXT ACT DT RM 200 EVNT TYP 00 EVNT DT NEW NXT ACT DT RM 200 EVNT TYP 00 EVNT DT /08/2003 PCRA CASE ENTRY SUFFIX D FIRST ACT DT RM 206 EVNT TYPE 00 EVNT DT /08/2003 PCRA NEXT ACT/DISP SUFFIX 3 OLD NXT ACT DT RM 206 EVNT TYP 00 EVNT DT NEW NXT ACT DT RM 200 EVNT TYP 00 EVNT DT EVNT TYP CHG FROM 00-NOTIFICATION - PETITION SENT TO JUDGE TO 00-NOTIFICATION - PETITION SENT TO JUDGE 06/04/2004 APPL DISP POSTING SUFFIX H DISP LETR: NO APPELLATE DISPOSITION LETTER DISP DATE: 0/08/03 DISP CODE: ORDER DENYING PCRAAFFIRMED APPL RETURN DATE: 06/03/04 JURIS-RETAINED: N 08/6/2004 PCRA FILE MAINT. SUFFIX D PCRA JUDGE CHANGED FROM 380 KEOGH, D. WEBSTER TO 354 DEMBE, PAMELA, P AOPC 9082 Rev 3/202 Printed /3/202 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors Of omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can Information Act may be subject to civil liability as set forth in 8 Pa.C,S, Section 983.

9 DOCKET a. Docket Number: CP-5-CR Page 6 of TIES "KIK4 Sequence Number CP Filed Date Document Date Filed Bv 2/6/2004 PCRA NEXT ACT/DISP SUFFIX D OLD NXT ACT DT RM 200 EVNT TYP 00 EVNT DT NEW NXT ACT DT 0205 RM 707 EVNT TYP 070 EVNT DT EVNT TYP CHG FROM 00-LISTED FOR STATUS TO 070-LISTED FOR STATUS 2 0/07/2005 PCRA NEXTACT/DISP SUFFIX D OLD NXTACT DT 0205 RM 707 EVNT TYP 070 EVNT DT NEW NXT ACT DT RM 200 EVNT TYP 09A EVNT DT EVNT TYP CHG FROM 070-GENERAL H.U.A. TO 09A-GENERAL H.U.A. 02/9/2005 COMMENTS COMMONWEALTH'S BRIEF REGARDING THE ABSENCE OF JURISDICITON TO CONSIDER DEFENDANTS THIRD, UNTIMELY PCRA PETITION. 05/27/2005 COMMENTS NOTICE PURSUANT TO PA RULE OF CRIMINAL PROCEDURE 909 FILED BY JUDGE P. DEMBE 06/6/2005 COMMENTS PETITIONER'S RESPONSE TO MEMORANDUM AND ORDER OF INTENT TO DISMISS PENDING POST-CONVICTION RELIEF ACT PET- ITION WITHOUT A HEARING AND MOTION FOR HEARING AND ORAL ARGUMENT FILED BY ROBERT BRYAN, ESQ. 06/7/2005 PCRA NEXT ACT/DISP SUFFIX D DISP DATE RM 206 DISP TYPE 055 DISP TYPE 055-PCRA DENIED/DSMISSED 07/5/2005 Notice of Appeal to the Superior Court Unknown Filer AOPC 9082 Rev 3/202 Printed 3/202 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can Information Act may be subject to civil liability as set forth in 8 Pa.C.S, Section 983.

10 DOCKET 447,7,,,,34 Docket Number: CP-5-CR qms, Page 7 of Sequence Number CP Filed Date Document Date filed Bv APPEAL CASE FILED SUFFIX I ATTY. IS NOT IN THE ATTY. INQUIRY, HES FROM CA NEW ENTRY: 08/5/05 APPEAL JUDGE: PAMELA DEMBE DATE APPEAL ORDERED: 06/7/05 TYPE APPEAL: PCRA-DISMISSAL APPEAL MOST SERIOUS CHARGE 000 MURDER-ST DEGREE LEAD ATTORNEY: ATTY TO BE RETD SOURCE: PRIVATELY RETAINED DATE FILED: 07/5/05 APPEAL TO: SUPERIOR COURT DOCKET PAGE: 0930 FILE STATUS: FILE LOCATED TYPE PAYMENT: CHECK BY ATTORNEY FILED BY: DEFENSE COUNSEL - PRIVATE 2 08/5/2005 APPL FILE MAINT SUFFIX I APPEAL TO CHANGED FROM SUPERIOR COURT TO SUPREME COURT 3 08/5/2005 APPL FILE MAINT SUFFIX APPEAL TO CHANGED FROM SUPREME COURT TO CAPITAL APPEAL 086/2005 APPL FILE MAINT SUFFIX I DATE OPINION FILED CHANGED FROM 00/0000 TO 05/27/05 0/2/ /9/2008 Supreme Court of Pennsylvania - Affirmed - Supreme Court Eastern District D/ 04/20/2009 Ritter, Judith L. Petition for Writ of Habeas Corpus/ Post Conviction Relief and Consolidated Memorandum of Law Filed AOPC Rev /3202 Printed. /3/202 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the nor the Administrative Office of Pennsylvania Courts assume any liability for Maccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can Information Act may be subject to civil liability as set forth in 8 Pa.C.S. Section 983,

11 Docket Number: CP-5I-CR ,Wesley_Cook Page 8 of Sequence Number CP Filed Date i.eiorttrr. Document Date Filed By D2/ 075/2009 Commonwealth Motion to Dismiss Untimely Fourth PCRA Petition D3/ 07/3/2009 PCRA - Dismissal Notice Under Rule 907 Filed D4 088/2009 PCRA - Dismissal Notice Under Rule 907 Filed D5/ /05/2009 Memorandum and Order Denying Post-Conviction Relief Act Petition and Memorandum Opinion /05/2009 First Class Cook, Wesley /05/2009 First Class Ritter, Judith L. /05/2009 First Class D6/ 2/07/2009 Ritter, Judith L. Notice of Appeal to the Supreme Court PCRA J. Dembe reconstructed file located 2/03/2009 First Class Philadelphia County District Attorney's Office 2/03/2009 First Class D6N2 2/07/2009 Motion for Transcripts Ritter, Judith L. 3 2/07/2009 Court of Common Pleas - Philadelphia County Case Correspondence Record sent Copy Center and will be transmitted to Supreme Court upon its return,. _ AOPC 9082 Rev /3/202 Printed 3/202 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police, Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 8 Pa,C,S, Section 983.

12 Docket Number: CP-5-CR Page 9 of Sequence Number CP Filed Date Document Date Filed By D7/4 2/07/2009 Notice to Supreme Court Prothonotary's Office - Duplicate Record Court of Common Pleas - Philadelphia County Original Record out to Appellate Gouts) 5 2/07/2009 Appeal Docket Entries and Served Court of Common Pleas - Philadelphia County 6 2/07/2009 Certificate and Transmittal of Record to Appellate Court Court of Common Pleas - Philadelphia County 0/9/200 Appeal Docket Sheet from Supreme Court of PA 602 CAP 0/4/200 Supreme Court of Pennsylvania - Eastern District Federal Habeas Corpus Order 206/20 Philadelphia County Clerk of Courts AND NOW THIS 6th day of December 20, in accordance with this Court's Memorandum Opinion and Order dated December 8, 200 which granted petitioner's petition for writ of habeas corpus only as to claim 25 relating to the sentencing phase of the trial; and the opinion of the U.S. Court of Appeals for Third Circuit filed April 26, 20 affirming that order; and the petitioner's petition for certiorari, docketed at Supreme Court #-49 having been denied by the United States Supreme Court; and the order and mandate of the U.S. Court of Appeals for the Third Circuit filed October 9, 20; IT IS HEREBY ORDERED that the may conduct a new sentencing hearing within 80 days of the date of this order, during which period the execution of the writ of habeas corpus will be stayed, or shall sentence the petitioner to life imprisonment. William H. Yohn, Jr., Judge Affirmed - Supreme Court 03/26/202 Supreme Court of Pennsylvania - Eastern District 07/3/202 Reconstructed Record Returned Date to Appeal Unit Court of Common Pleas - Philadelphia County AOPC Rev /3/202 Periled /3(202 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can Information Act may be subject to civil liability 85 set forth in 8 Pa.C.S. Section 983.

13 Docket Number: CP-5I-CR Page 0 of Sequence Number Service To V2y. TR! CP Filed Date Document Date Service By Filed By Issue Date Service Type Status Date Service Status 083/202 Amended Sentencing Order AND NOW this 3th day of August 202, the Commonwealth having not requested a new sentencing hearing in the above-captioned matter within 80 days as provided in the Order entered on December 6, 20, Mumia Abu-Jamal v. Martin Horn, et al, No.99-CV (ED PA 20), it is HEREBY DECREED that Mumia Abu-Jamal is sentenced to life imprisonment. This order is entered pursuant to PA R A P /2/202 Interoffice Cook, Wesley 08/2/202 First Class Ritter, Judith L. 08/2/202 First Class 08/4/202 Corrective Docket Entry Philadelphia County Clerk of Courts Corrected Migrated Sentence per Microfilm file unavailable. 2 08/4/202 Order - Sentence/Penalty Imposed Per Federal Order of 2/06/ the sentence of death is vacated and a new sentence of Life Imprisonment is imposed. 08/23/202 Post-Sentence Motion Cook, Wesley 09/0/202 Commonwealth Motion to Dismiss PCRA Petition ) 0/0/202 \Orde'r Denying Post-Sentence Motion Cook, Wesley 0/0/202 First Class Philadelphia County District Attorney's Office 0/0/202 First Class Ritter, Judith L. 0/0/202 First Class AOPC 9082 Rev 3(202 Printed /3202 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can Information Act may be subject to civil liability as set forth in 8 Pa.C.S. Section 983.

14 l'4..7n Docket Number: CP-5-CR Page of " Sequence Number CP Filed Date TR; Document Date Filed By 77-F Service To Service By Issue Date Service Type Status Date Service Status Entry of Appearance 0/03/202 Swarns, Christina Allison 0/3/202 Notice of Appeal to the Superior Court Ritter, Judith L. Order J. Dembe file located and 4 boxes of notes 0/3/202 First Class Philadelphia County District Attorney's Office 0/3/202 First Class 2 Motion for Transcripts 0/3/202 Ritter, Judith L. /07/202 Order Issued Pursant to Pa.R.A.P. 925(b) Cook, Wesley /07/202 First Class Philadelphia County District Attorney's Office /07/202 First Class Ritter, Judith L. /07/202 First Class AOPC Rev /3/202 Printed /3/202 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets Neither the courts of the Unified Judicial System of the nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a crtminal history background check which can Information Act may be subject to civil liability as set forth in 8 Pa.C.S. Section 983,