The High Court Report

Oral Argument: United States v. Tsarnaev | Case No. 20-443 | Date Argued: 10/13/2021 | Date Decided: 3/4/2022


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United States v. Tsarnaev | Case No. 20-443 | Date Argued: 10/13/2021 | Date Decided: 3/4/2022

Question Presented: Whether the court of appeals erred in concluding that respondent's capital sentences must be vacated on the ground that the district court, during its 21-day voir dire, did not ask each prospective juror for a specific accounting of the pretrial media coverage that he or she had read, heard, or seen about respondent's case. Whether the district court committed reversible error at the penalty phase of respondent's trial by excluding evidence that respondent's older brother was allegedly involved in different crimes two years before the offenses for which respondent was convicted.

Holding: The Court of Appeals improperly vacated Dzhokhar’s capital sentences.

Result: Judgment REVERSED.

Voting Breakdown: 6-1. Justice Thomas delivered the opinion of the Court, in which Chief Justice Roberts and Justices Alito, Gorsuch, Kavanaugh and Barrett joined. Justice Barrett filed a concurring opinion, in which Justice Gorsuch joined. Justice Breyer filed a dissenting opinion, in which Justice Kagan joined and in which Justice Sotomayor joined except as to Part IIâC.

Link to Opinion: Here.

Oral Advocates:

For Petitioner: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D.C. For Respondent: Ginger D. Anders, Washington, D.C.

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