Federal appeals court vacates Boston Marathon bomber Dzhokhar Tsarnaev's death sentence

Fox News ^ | 31 July 2020 | Nick Givas

[Magnatron]

A federal appeals court has vacated the death sentence of Boston Marathon bomber Dzhokhar Tsarnaev, based on the opinion that the judge in the case did not vet the jury properly with regard to possible bias stemming from pretrial publicity.

“A core promise of our criminal-justice system is that even the very worst among us deserves to be fairly tried and lawfully punished — a point forcefully made by the then-U.S. Attorney for Massachusetts during a presser at the trial's end," the three-judge panel wrote.

They added: "To help make that promise a reality, decisions long on our books say that a judge handling a case involving prejudicial pretrial publicity must elicit 'the kind and degree' of each prospective juror's 'exposure to the case or the parties,' if asked by counsel, see Patriarca v. United States, 402 F.2d 314, 318 (1st Cir. 1968) — only then can the judge reliably assess whether a potential juror can ignore that publicity, as the law requires. But despite a diligent effort, the judge here did not meet the standard set by Patriarca and its successors.”

Tsarnaev was convicted and sentenced to death in 2015 for carrying out the April 15, 2013 attack at the marathon finish line with his older brother Tamerlan Tsarnaev, who died in a shootout with police after a manhunt.

[Magnatron]

Tsarnaev's lawyers had been trying to overturn his death sentence. They said it was impossible to find a fair jury in Boston because the explosions traumatized the region.

Yeah, I guess you need an impartial jury to judge a case where you definitively killed three people and maimed 260. It's unfair to put this guy to death under such circumstances!

[dfwgator]

Tsarnaev's lawyers had been trying to overturn his death sentence. They said it was impossible to find a fair jury in Boston because the explosions traumatized the region.

Funny how McVeigh never got that kind of consideration.

[kiryandil]

THREE JUDGE PANEL

[SkyDancer]

May he rot in Super Max - alone; for the rest of whatever life he has left with no visitors.

[kiryandil]

Now, we need to flush out the ClownBammy cockrocches who did this.

[veracious]

Jail for judges who allow such evil rulings. Jail for much of DC and its tentacles through-out USA.

[kiryandil]

Now, we need to flush out the ClownBammy cockroaches who did this.

[TaxPayer2000]

“A core promise of our criminal-justice system is that even the very worst among us deserves to be fairly tried and lawfully punished —

Is this actually written somewhere or are they just making it up?

[Magnatron]

I asked mods to pull. Another of these is up and search didn’t find it.

[NonValueAdded]

Great, now he will get Willie Horton furloughs.

[Magnatron]

I asked mods to pull. Another of these is up and search didn’t find it.

[Mr Ramsbotham]

Getting a fair trial is not the same as giving the perp an even break.

[Mr Ramsbotham]

Getting a fair trial is not the same as giving the perp an even break.

[kiryandil]

Here's the United States Court of Appeals for the First Circuit [As of July 28, 2016]:

Age	Title	        Judge	                Duty station	Born	Term of service	                Appointed by
64	Chief Judge	Jeffrey R. Howard	Concord, NH	1955	2002–present   &2015–present	G.W. Bush
86	Circuit Judge	Juan R. Torruella	San Juan, PR	1933	1984–present   &1994–2001	Reagan
73	Circuit Judge	Sandra Lynch	        Boston, MA	1946	1995–present   &2008–2015	Clinton
68	Circuit Judge	O. Rogeriee Thompson	Providence, RI	1951	2010–present	—	—	Obama
66	Circuit Judge	William J. Kayatta Jr.	Portland, ME	1953	2013–present	—	—	Obama
52	Circuit Judge	David Jeremiah Barron	Boston, MA	1967	2014–present	—	—	Obama

======================
92	Senior Circuit 	Levin H. Campbell	inactive	1927	1972–1992      	1992–present	Nixon        &1983–1990
85	Senior Circuit 	Bruce M. Selya	        Providence, RI	1934	1986–2006	2006–present	Reagan
80	Senior Circuit 	Michael Boudin	        Boston, MA	1939	1992–2013      	2013–present	G.H.W. Bush  &2001–2008
88	Senior Circuit  Norman H. Stahl	        Boston, MA	1931	1992–2001	2001–present	G.H.W. Bush
78	Senior Circuit 	Kermit Lipez	        Portland, ME	1941	1998–2011	2011–present	Clinton

& denotes Chief Judge of the Court
* denotes Federalist Society member

[Jan_Sobieski]

According to Critical Race Theory Intersectionality, Darker complexioned Islamic Immigrant Tsarnaev ranks higher than white skinned American born socialist atheist McVey. Therefore Tsarnaev gets to live.

[kiryandil]

The panel of judges included Juan R. Torruella (A Ronald Reagan appointee), O. Rogeriee Thompson (a Barack Obama appointee), and William J. Kayatta, Jr. (also an Obama appointee).

There were no dissents. (Torruella filed a separate opinion which concurred in part, joined in part, and concurred in the judgment.)

[matt04]

He gets two choices, either get executed or can live in a cell 23.5 hrs a day with no visitation or natural light and as little human contact as possible. A pistol with one round will be provided after 1 month.

[treetopsandroofs]

Now come the Tsa shirts for his freedom.

(Like Che)

[colorado tanker]

Huh? McVeigh got a venue change from Oklahoma to Colorado.

[The Pack Knight]

Commenting before I’ve read the opinion is always a risky proposition, but: How can a problem with jury selection invalidate the jury’s sentencing recommendation but not the same jury’s guilty verdict?