After Wednesday's arguments, the Supreme Court should make a decision by June 2022.
Tsarnaev, 28, was 19 when he and his older brother Tamerlan Tsarnaev planted two home-made bombs near the finish line of the April 15, 2013 race, killing three people and injuring 264 others.In 2015 Dzhokhar Tsarnaev was convicted on 30 counts and given the death penalty as well as sentences of life in prison.In July 2020 the appeals court left in place most of the convictions but annulled the death sentence and ordered the lower court to hold a new sentencing trial with a new jury.
Since then Biden became president, and replaced Barr with a new attorney general, Merrick Garland, who inherited the appeal to the high court. The appeals court accepted arguments that the jury had not originally been questioned enough on their exposure to media information on the highly publicized bombing.
Tsarnaev's attorneys say it was impossible for the jury to have avoided massive commentary on the case, including calls for execution, and the members should have been asked about it before the trial took place.
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