Make no mistake, every attempt to overturn the jury's finding of Abu-Jamal's guilt failed. And no court ever ruled that Abu-Jamal's sentence was unconstitutional. Instead, as I wrote last year, the Court of Appeals for the Third Circuit held that the instruction to the jury in the penalty phase was constitutionally flawed insofar as the possibility existed that the jury could have concluded that any finding of mitigating circumstances needed to be unanimous, when unanimity was not a legal requirement.