The Third Circuit has just affirmed the district court decision, which upheld the conviction but vacated the death penalty. "As the District Court noted, the 'Commonwealth of Pennsylvania may conduct a new sentencing hearing ... or shall sentence [Abu-Jamal] to life imprisonment.'"

Judge Ambro dissents, arguing in favor of "remand[ing] for the District Court to complete an analysis of the remaining steps of the Batson [race-based peremptory strike] claim, starting at step two, where the burden shifts to the Commonwealth to 'come forward with a neutral explanation for challenging black jurors.' If the Commonwealth does so, the Court should proceed to step three and assess whether the reason(s) given are valid or pretextual in determining, on the basis of the evidence presented, whether purposeful discrimination did occur."

I haven't followed this case carefully, and thus have no opinion to express; but it's prominent enough that the news struck me as worth noting. Thanks to reader Hugh Greentree for the pointer.