Last month, the Supreme Court upheld Dzhokhar Tsarnaev’s death sentence.

Tsarnaev’s lawyers requested the US Circuit Court of Appeals on Thursday to hear four constitutional issues not heard by the Supreme Court.

It also refused his appeals to two jurors accused of lying during questioning and removed a possible juror because they opposed the death sentence.

The appeal followed the appeals court’s Wednesday filing to comply with the Supreme Court’s reinstatement of Tsarnaev’s death sentence.

“Tsarnaev respectfully submits that the April 6 decision was made in mistake and should be vacated,” the statement adds.

Even though the defense’s four issues remain unresolved, prosecutors said that “the government thinks the defendant’s death sentences should be upheld.”
In July 2020, a federal appeals court overturned Tsarnaev’s death sentence, stating that a trial judge unlawfully concealed information that may have showed Tsarnaev was radicalised by his deceased elder brother, Tamerlan Tsarnaev, who was killed in a battle with authorities days after the bombings.

The US Circuit Court of Appeals in Boston revoked Tsarnaev’s death sentence citing probable juror prejudice due to media publicity.

A jury has sentenced Tsarnaev to death for his part in planting two pressure cooker bombs near the marathon finish line in 2013. Three individuals died and around 260 were injured.

“Dzhokhar Tsarnaev committed horrific crimes,” wrote the majority’s six conservative justices. “The Sixth Amendment promised him a fair trial by a jury. He got one.”

Tsarnaev, 28, is presently incarcerated in Florence, Colorado.

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