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The Supreme Court has ruled against prominent former Black Panther Mumia Abu-Jamal, tossing an appeal that would nullify his death sentence.

The Supreme Court ruled Monday that a lower court must revisit its earlier ruling granting a new sentencing hearing.

Abu-Jamal himself petitioned for a new trial last year. His petition was thrown out as well.

His fate now lies with that court which can either reinstate his death sentence or order a new federal trial.

Abu-Jamal was convicted of killing Philadelphia police officer Daniel Faulkner after he pulled over Abu-Jamal’s brother in 1981.

According to the original court case, a nearby Abu-Jamal ran over to the scene and shot Faulkner in the head and the back.

Faulkner returned fire before perishing, leaving Abu-Jamal injured on the scene with his gun nearby when police arrived.

Activists in the U.S. and Europe have rallied in support of him claiming that he was a victim of racist judicial system.

His various books and radio broadcasts from jail have kept his trial prominent in the media for nearly three decades.