 On March 27 , 2008 , the three @-@ judge panel issued a majority 2 – 1 opinion upholding Yohn 's 2001 opinion but rejecting the bias and Batson claims , with Judge <unk> dissenting on the Batson issue . On July 22 , 2008 , Abu @-@ Jamal 's formal petition seeking <unk> of the decision by the full Third Circuit panel of 12 judges was denied . On April 6 , 2009 , the United States Supreme Court also refused to hear Abu @-@ Jamal 's appeal , allowing his conviction to stand . On January 19 , 2010 , the Supreme Court ordered the appeals court to reconsider its decision to rescind the death penalty , with the same three @-@ judge panel <unk> in Philadelphia on November 9 , 2010 , to hear oral argument . On April 26 , 2011 , the Third Circuit Court of Appeals reaffirmed its prior decision to <unk> the death sentence on the grounds that the jury instructions and verdict form were ambiguous and confusing . The Supreme Court declined to hear the case in October . 
