A federal appeals court on Thursday said former Black Panther Mumia Abu-Jamal cannot be executed for murdering a Philadelphia police officer without a new penalty hearing. The 3rd U.S. Circuit Court of Appeals said Abu-Jamal's conviction should stand, but that he should get a new sentencing hearing because of flawed jury instructions. If prosecutors don't want to give him a new death penalty hearing, Abu-Jamal would be sentenced automatically to life in prison. Abu-Jamal, 53, once a radio reporter, has attracted a legion of artists and activists to his cause in a quarter-century on death row. A Philadelphia jury convicted him in 1982 of killing Officer Daniel Faulkner, 25, after the patrolman pulled over Abu-Jamal's brother in an overnight traffic stop.

He had appealed, arguing that racism by the judge and prosecutors corrupted his conviction at the hands of a mostly white jury. Prosecutors, meanwhile, had appealed a federal judge's 2001 decision to grant Abu-Jamal a new sentencing hearing because of the jury instructions.

Hundreds of people protested outside the federal building in Philadelphia in May and an overflow crowd - including legal scholars, students, lawyers, the policeman's widow and Abu-Jamal's brother - filled the courtroom when the appeals court heard arguments about the case.

The officer's widow, Maureen Faulkner, has kept her husband's memory alive over the years, and recently co-wrote a book about the case. The book, "Murdered by Mumia: A Life Sentence of Loss, Pain and Injustice," written with radio talk-show host Michael Smerconish, came out in December.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

PHILADELPHIA (AP) - A federal appeals court has ordered a new penalty hearing for celebrity death row inmate Mumia Abu-Jamal (moo-MEE'-ah AH'-boo jah-MAHL').

The 3rd U.S. Circuit Court of Appeals says Abu-Jamal's conviction for the 1981 murder of a Philadelphia police officer should stand. But it says he should get a new sentencing hearing because of flawed jury instructions.

If prosecutors don't want to give him a new death penalty hearing, Abu-Jamal would be sentenced automatically to life in prison.

A Philadelphia jury convicted Abu-Jamal of killing Officer Daniel Faulkner after the patrolman pulled over Abu-Jamal's brother in an overnight traffic stop 27 years ago.

Written By KATHY MATHESON

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