Deep in today's orders list is a denial of certiorari in Abu-Jamal v. Pennsylvania, No. 08-5456. An AP story reports, "The justices did not comment on their action Monday, which leaves in place a federal appeals court ruling that upholds Abu-Jamal's murder conviction, but orders a new sentencing hearing."

Huh? Federal habeas cases don't usually name the state itself as respondent -- the Eleventh Amendment and all that.

Sure enough, the docket for 08-5456 lists the lower court as the Pennsylvania Supreme Court. The USCA3 docket for its case, No. 02-9001, says rehearing en banc was denied July 22. The certiorari petition from the federal ruling isn't even due for two more weeks.

The Pennsylvania Supreme Court decision affirms without dissent a trial court decision holding that Abu-Jamal's third state post-conviction relief petition is untimely and does not qualify for an exception.

Update: AP has corrected the story.

Update 2: On Oct. 3, Abu-Jamal requested a two-month extension to file his certiorari petition in the Third Circuit case.

Update 3: On Oct. 6, the state requested a one-month extension for its request to review the grant of habeas relief on penalty.