No. 20-443
United States v. Dzhokhar A. Tsarnaev
Tags: capital-sentences district-court penalty-phase pretrial-media-coverage reversible-error voir-dire
Key Terms:
Punishment CriminalProcedure Jurisdiction
Punishment CriminalProcedure Jurisdiction
Latest Conference:
2021-03-19
(distributed 7 times)
Question Presented (AI Summary)
Whether the court of appeals erred in concluding that respondent's capital sentences must be vacated
Question Presented (OCR Extract)
QUESTIONS PRESENTED 1. 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. 2. 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. (I)
Docket Entries
2022-12-21
Record returned to the U.S.C.A. 1st Circuit (1 box of sealed materials).
2022-04-05
judgment issued.
2022-03-04
Judgment REVERSED. Thomas, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/21pdf/20-443_new_2d8f.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Barrett, J., filed a concurring opinion, in which Gorsuch, J., joined. Breyer, J., filed a dissenting opinion, in which Kagan, J., joined, and in which Sotomayor, J., joined except as to Part II–C.
2021-10-13
Argued. For petitioner: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Ginger D. Anders, Washington, D. C.
2021-10-04
Letter of petitioner clarifying joint appendix arrangement filed.
2021-09-29
The record received from the U.S.D.C. Dist. of Massachusetts has been electronically filed.
2021-09-20
Reply of petitioner United States filed. (Distributed)
2021-09-14
Record received from the U.S.C.A. 1st Circuit (1 Box - including several CDs and thumb-drives of sealed material). Notation that district court was instructed to transmit its record material to the Clerk.
2021-08-27
Brief amici curiae of American Civil Liberties Union, American Civil Liberties Union of Massachusetts, Inc., National Association of Criminal Defense Lawyers, and the Rutherford Institute filed. (Distributed)
2021-08-27
Brief amici curiae of Retired Federal Judges and Former Federal Prosecutors filed. (Distributed)
2021-08-27
Brief amici curiae of Shirin Bakhshay, Tarika Daftary-Kapur, Yael Danieli, Angela Jones, Margaret Bull Kovera, Steven D. Penrod & Christine L. Ruva filed. (Distributed)
2021-08-27
Brief amicus curiae of Michael J.Z. Mannheimer filed. (Distributed)
2021-08-25
Brief amici curiae of Interested Evidence and Sentencing Law Professors filed. ((Distributed)
2021-08-20
Brief of respondent Dzhokhar A. Tsarnaev filed. (Distributed)
2021-08-03
CIRCULATED
2021-08-02
Motion for leave to file Volume III of the joint appendix under seal with redacted copies for the public record GRANTED.
2021-07-28
Record requested from the U.S.C.A. 1st Circuit.
2021-07-13
ARGUMENT SET FOR Wednesday, October 13, 2021.
2021-06-21
Brief amicus curiae of The National Fraternal Order of Police filed.
2021-06-21
Brief amicus curiae of Criminal Justice Legal Foundation filed.
2021-06-21
Brief amicus curiae of American Bar Association filed.
2021-06-14
Joint appendix Volume I and II filed. (Statement of costs filed)
2021-06-14
Joint appendix Volume III (Redacted) filed. (Docketed 8/2/21).
2021-06-14
Motion for leave to file Volume III of the joint appendix under seal with redacted copies for the public record filed by petitioner United States.
2021-06-14
Brief of petitioner United States filed.
2021-05-05
Brief amici curiae of James Fetzer, Ph. D., et al. filed.
2021-04-28
Blanket Consent filed by Petitioner, United States
2021-04-22
Blanket Consent filed by Respondent, Dzhokhar A. Tsarnaev
2021-04-15
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 14, 2021. The time to file respondent's brief on the merits is extended to and including August 20, 2021.
2021-03-26
Motion for an extension of time to file the briefs on the merits filed.
2021-03-22
Petition GRANTED.
2021-03-15
DISTRIBUTED for Conference of 3/19/2021.
2021-03-01
DISTRIBUTED for Conference of 3/5/2021.
2021-02-22
DISTRIBUTED for Conference of 2/26/2021.
2021-02-12
DISTRIBUTED for Conference of 2/19/2021.
2021-01-19
DISTRIBUTED for Conference of 1/22/2021.
2021-01-11
DISTRIBUTED for Conference of 1/15/2021.
2020-12-23
Reply of petitioner United States filed. (Distributed)
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-12-18
Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5. filed.
2020-12-17
Brief of respondent Dzhokhar A. Tsarnaev in opposition filed.
2020-11-24
Motion to extend the time to file a response is granted in part; the time is extended to and including December 17, 2020.
2020-11-23
Response to motion for an extension of time from petitioner United States filed.
2020-11-23
Motion to extend the time to file a response from December 7, 2020 to January 6, 2021, submitted to The Clerk.
2020-11-05
Brief amicus curiae of The National Fraternal Order of Police filed.
2020-10-21
Motion to extend the time to file a response is granted and the time is extended to and including December 7, 2020.
2020-10-20
Motion to extend the time to file a response from November 5, 2020 to December 7, 2020, submitted to The Clerk.
2020-10-06
Petition for a writ of certiorari filed. (Response due November 5, 2020)
Attorneys
American Civil Liberties Union, American Civil Liberties Union of Massachusetts, Inc., National Association of Criminal Defense Lawyers, and the Rutherford Institute
Catherine Emily Stetson — Hogan Lovells US LLP, Amicus
Catherine Emily Stetson — Hogan Lovells US LLP, Amicus
Criminal Justice Legal Foundation
Dzhokhar A. Tsarnaev
Ginger D. Anders — Munger, Tolles & Olson LLP, Respondent
Ginger D. Anders — Munger, Tolles & Olson LLP, Respondent
Interested Evidence and Sentencing Law Professors
Dean Arthur Strang — StrangBradley, LLC, Amicus
Dean Arthur Strang — StrangBradley, LLC, Amicus
Michael J.Z. Mannheimer
Retired Federal Judges and Former Federal Prosecutors
Shirin Bakhshay, Tarika Daftary-Kapur, Yael Danieli, Angela Jones, Margaret Bull Kovera, Steven D. Penrod & Christine L. Ruva
The National Fraternal Order of Police
William McGinley Jay — Goodwin Procter, LLP, Amicus
William McGinley Jay — Goodwin Procter, LLP, Amicus
United States
Elizabeth B. Prelogar — Solicitor General, Petitioner
Elizabeth B. Prelogar — Solicitor General, Petitioner