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Federal appeals court vacates Boston Marathon bomber Dzhokhar Tsarnaev's death sentence
Fox News ^ | 31 July 2020 | Nick Givas

Posted on 07/31/2020 1:42:39 PM PDT by 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.

(Excerpt) Read more at foxnews.com ...


TOPICS: Crime/Corruption; Government; News/Current Events; Politics/Elections; US: Massachusetts
KEYWORDS: judiciary
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To: matt04

Maybe he will hang himself, like Epstein did.


21 posted on 07/31/2020 2:07:16 PM PDT by The Antiyuppie (When small men cast long shadows, then it is very late in the day.)
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To: Magnatron

Just a protest before it was so popular like now......


22 posted on 07/31/2020 2:08:00 PM PDT by blackdog (If you must cut a tree, plant two. It's just decency.)
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To: Magnatron

See what happens when you let lawyers play with these death sentences for 25 or 30 years. They come up with anythibg they can to keep from executing these clowns. This guy should have been dispatched within a year from when he was sentenced. His slimey lawyers have been at it for 5 years while the 3 people he killed and the others he maimed are not getting the same treatment. It is a travisty that this 3 judge panel stayed his execution. They gave no consideration to the 3 dead people and how they were treated unfairly by him. These 3 judges should be disbarred.


23 posted on 07/31/2020 2:09:38 PM PDT by maxwellsmart_agent
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To: Magnatron

See what happens when you let lawyers play with these death sentences for 25 or 30 years. They come up with anythibg they can to keep from executing these clowns. This guy should have been dispatched within a year from when he was sentenced. His slimey lawyers have been at it for 5 years while the 3 people he killed and the others he maimed are not getting the same treatment. It is a travisty that this 3 judge panel stayed his execution. They gave no consideration to the 3 dead people and how they were treated unfairly by him. These 3 judges should be disbarred.


24 posted on 07/31/2020 2:10:19 PM PDT by maxwellsmart_agent
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To: Magnatron

McVeigh targeted government employees. This guy didn’t. That’s the difference. This guy went after normal (disposable citizens) not the superior tier govt time-serving porn-surfing “elites”. The parasitic govt “workers” are worth more then the peons who create the wealth. Jeez. Get with the program.


25 posted on 07/31/2020 2:17:04 PM PDT by Seruzawa (TANSTAAFL!)
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To: Magnatron

Black robes make another bad decision.


26 posted on 07/31/2020 2:18:00 PM PDT by ptsal (Vote R.E.D. >>>Remove Every Democrat ***)
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To: Magnatron

So, set him free.

Justice will be served....


27 posted on 07/31/2020 2:19:17 PM PDT by Vendome (I've Gotta Be Me https://youtu.be/wH-pk2vZG2M)
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To: treetopsandroofs

There is the Law and there is Justice; they seldom meet and if they did, Justice would walk away.


28 posted on 07/31/2020 2:21:09 PM PDT by SkyDancer (~ Pilots: Looking Down On People Since 1903 ~)
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To: 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?

Apparently the Federal Death Penalty Statute requires both a conviction by the jury, and a finding of fact by the jury. It appears to a quick scan that Dzhokhar strategically did not challenge the impaneling of the jury at the guilt/innocence stage, so he gets a new trial on the jury questions regarding death.

The first error requires us to vacate Dzhokhar's death sentences and the second compels us to reverse the three § 924(c) convictions. On remand, then, the district court must enter judgments of acquittal on the relevant § 924(c) charges, empanel a new jury, and preside over a new trial strictly limited to what penalty Dzhokhar should get on the death-eligible counts. And just to be crystal clear: Because we are affirming the convictions (excluding the three § 924(c) convictions) and the many life sentences imposed on those remaining counts (which Dzhokhar has not challenged), Dzhokhar will remain confined to prison for the rest of his life, with the only question remaining being whether the government will end his life by executing him.

29 posted on 07/31/2020 2:22:53 PM PDT by Pilsner
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To: Magnatron
Release him into South Boston and let the Saints take over. They love their new jobs.


30 posted on 07/31/2020 2:24:20 PM PDT by katana
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To: matt04

The first part is just fine - not so much the second; being alone with basically nothing to do but look at the wall for how long? How old is he and therefore how long will he be in there? Next up that court will say he didn’t get a fair trial and toss the verdict and start all over again because if the jury was tainted for the death penalty then they were jaded in the conviction too and the whole thing will be tossed.


31 posted on 07/31/2020 2:26:04 PM PDT by SkyDancer (~ Pilots: Looking Down On People Since 1903 ~)
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To: Magnatron

HANG the little muslim SOB—from the highest point in Boston Common!!!!

Do it after there are no more lockdowns, so all of Boston can see it! And televise it all around the world—including the muslim world!!!!

And make the little judgy-wudgies who unjustly “vacated his death sentence” stand in the front row!! PHOOEY to them!!!!


32 posted on 07/31/2020 2:32:15 PM PDT by Honorary Serb (Kosovo is Serbia! Free Srpska! Abolish ICTY!)
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To: Magnatron; All

4. MIT cop was killed by then.Also a
transit officer who was injured later died, so 5, and many maimed.


33 posted on 07/31/2020 2:33:57 PM PDT by raccoonradio
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To: raccoonradio

By them


34 posted on 07/31/2020 2:35:07 PM PDT by raccoonradio
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To: Magnatron

Just fry the SOB already!

If a minority actually commits a heinous crime before being executed via cop or lethal injection, is it still racism?


35 posted on 07/31/2020 2:36:28 PM PDT by FormerFRLurker (Keep calm and vote your conscience.)
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To: raccoonradio; All

Of course he got death penalty as it was a federal offense.
If it were in a MA court the Commonwealth has no death penalty unless maybe there is one under certain circumstances.


36 posted on 07/31/2020 2:37:39 PM PDT by raccoonradio
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To: Magnatron

Tsarnaev got a better break from the Federal Courts than General Flynn.


37 posted on 07/31/2020 2:44:01 PM PDT by EC Washington
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To: kiryandil

Including MA and VT.
I get it now.....

I’m from MA myself....don’t tell anybody.


38 posted on 07/31/2020 2:53:41 PM PDT by mowowie
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To: Vendome

39 posted on 07/31/2020 2:55:38 PM PDT by MacNaughton (IM)
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To: Magnatron

I imagine that he’ll get to watch tv in his cell now for the rest of his life.
I wonder if they get HBO....


40 posted on 07/31/2020 2:57:35 PM PDT by mowowie
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