Philadelphia prosecutors will have to convince a new jury that convicted cop killer Mumia Abu-Jamal deserves the death penalty now that the U.S. Supreme Court has refused to review a ruling that his first jury was given confusing instructions in the sentencing phase of his 1982 trial.

Philadelphia District Attorney R. Seth Williams refused to comment immediately on the high court’s decision, saying his office will “need to determine the next course of action in this case and no decision will be made today.”

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