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United States v. Tsarnaev
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 20-443 | 1st Cir. | Oct 13, 2021 | Mar 4, 2022 | 6-3 | Thomas | OT 2021 |
Holding: The judgment of the U.S. Court of Appeals for the 1st Circuit vacating Dzhokhar Tsarnaev’s capital sentences is reversed.
Judgment: Reversed, 6-3, in an opinion by Justice Thomas on March 4, 2022. Justice Thomas delivered the opinion of the court, in which Chief Justice Roberts and Justices Alito, Gorsuch, Kavanaugh, and Barrett joined. Barrett filed a concurring opinion, in which Gorsuch joined. Justice Breyer filed a dissenting opinion, in which Justices Sotomayor and Kagan joined except as to Part II-C.
SCOTUSblog Coverage
- In 6-3 ruling, court reinstates death penalty for Boston Marathon bomber (Amy Howe, March 4, 2022)
- Announcement of opinions for Friday, March 4 (complete) (Angie Gou, March 4, 2022)
- Justices appear to favor reinstating death penalty for Boston Marathon bomber (Amy Howe, October 13, 2021)
- Justices to consider government’s appeal to reinstate death penalty for Boston Marathon bomber (Amy Howe, October 12, 2021)
- Cases on Boston Marathon bomber, CIA secrets headline October argument calendar (Amy Howe, July 13, 2021)
- Justices will decide whether to reinstate death penalty for Boston Marathon bomber (Amy Howe, March 22, 2021)
- Compelled discovery in foreign arbitration and sentencing reductions after criminal convictions (John Elwood, March 18, 2021)
- A pair of petitions on the “favorable termination rule” (John Elwood, March 5, 2021)
- Sixth Amendment rights and Title VII accommodations (John Elwood, February 25, 2021)
- Disputes over church property and ACCA ambiguity (John Elwood, February 18, 2021)
- Last batch of possible grants before February recess (John Elwood, January 21, 2021)
- Blockbuster Watch (John Elwood, January 13, 2021)
- Justices issue more orders from Friday’s conference, decline to fast-track election-related cases (Amy Howe, January 11, 2021)
- Petitions of the week: The public-charge rule, Boston Marathon bombing and more (Andrew Hamm, October 30, 2020)
| Date | Proceedings and Orders |
|---|---|
| Oct 06 2020 | Petition for a writ of certiorari filed. (Response due November 5, 2020) |
| Oct 20 2020 | Motion to extend the time to file a response from November 5, 2020 to December 7, 2020, submitted to The Clerk. |
| Oct 21 2020 | Motion to extend the time to file a response is granted and the time is extended to and including December 7, 2020. |
| Nov 05 2020 | Brief amicus curiae of The National Fraternal Order of Police filed. |
| Nov 23 2020 | United States opposition to respondent's 30-day extension request not accepted for filing. (November 23, 2020 - corrected letter to be submitted) |
| Nov 23 2020 | Motion to extend the time to file a response from December 7, 2020 to January 6, 2021, submitted to The Clerk. |
| Nov 23 2020 | Response to motion for an extension of time from petitioner United States filed. |
| Nov 24 2020 | Motion to extend the time to file a response is granted in part; the time is extended to and including December 17, 2020. |
| Dec 17 2020 | Brief of respondent Dzhokhar A. Tsarnaev in opposition filed. |
| Dec 18 2020 | Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5. filed. |
| Dec 23 2020 | DISTRIBUTED for Conference of 1/8/2021. |
| Dec 23 2020 | Reply of petitioner United States filed. (Distributed) |
| Jan 11 2021 | DISTRIBUTED for Conference of 1/15/2021. |
| Jan 19 2021 | DISTRIBUTED for Conference of 1/22/2021. |
| Feb 12 2021 | DISTRIBUTED for Conference of 2/19/2021. |
| Feb 22 2021 | DISTRIBUTED for Conference of 2/26/2021. |
| Mar 01 2021 | DISTRIBUTED for Conference of 3/5/2021. |
| Mar 15 2021 | DISTRIBUTED for Conference of 3/19/2021. |
| Mar 22 2021 | Petition GRANTED. |
| Mar 26 2021 | Motion for an extension of time to file the briefs on the merits filed. |
| Apr 15 2021 | 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. |
| Apr 22 2021 | Blanket Consent filed by Respondent, Dzhokhar A. Tsarnaev |
| Apr 28 2021 | Blanket Consent filed by Petitioner, United States |
| May 05 2021 | Brief amici curiae of James Fetzer, Ph. D., et al. filed. |
| Jun 14 2021 | Joint appendix Volume I and II filed. (Statement of costs filed) |
| Jun 14 2021 | Brief of petitioner United States filed. |
| Jun 14 2021 | 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. |
| Jun 14 2021 | Joint appendix Volume III (Redacted) filed. (Docketed 8/2/21). |
| Jun 21 2021 | Brief amicus curiae of American Bar Association filed. |
| Jun 21 2021 | Brief amicus curiae of Criminal Justice Legal Foundation filed. |
| Jun 21 2021 | Brief amicus curiae of The National Fraternal Order of Police filed. |
| Jul 13 2021 | ARGUMENT SET FOR Wednesday, October 13, 2021. |
| Jul 28 2021 | Record requested from the U.S.C.A. 1st Circuit. |
| Aug 02 2021 | Motion for leave to file Volume III of the joint appendix under seal with redacted copies for the public record GRANTED. |
| Aug 03 2021 | CIRCULATED |
| Aug 20 2021 | Brief of respondent Dzhokhar A. Tsarnaev filed. (Distributed) |
| Aug 25 2021 | Brief amici curiae of Interested Evidence and Sentencing Law Professors filed. ((Distributed) |
| Aug 27 2021 | 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) |
| Aug 27 2021 | Brief amici curiae of Retired Federal Judges and Former Federal Prosecutors filed. (Distributed) |
| Aug 27 2021 | Brief amici curiae of Shirin Bakhshay, Tarika Daftary-Kapur, Yael Danieli, Angela Jones, Margaret Bull Kovera, Steven D. Penrod & Christine L. Ruva filed. (Distributed) |
| Aug 27 2021 | Brief amicus curiae of Michael J.Z. Mannheimer filed. (Distributed) |
| Sep 14 2021 | 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. |
| Sep 20 2021 | Reply of petitioner United States filed. (Distributed) |
| Sep 29 2021 | The record received from the U.S.D.C. Dist. of Massachusetts has been electronically filed. |
| Oct 04 2021 | Letter of petitioner clarifying joint appendix arrangement filed. |
| Oct 13 2021 | Argued. For petitioner: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Ginger D. Anders, Washington, D. C. |
| Mar 04 2022 | Judgment REVERSED. Thomas, J., delivered the opinion 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. |
| Apr 05 2022 | judgment issued. |
| Dec 21 2022 | Record returned to the U.S.C.A. 1st Circuit (1 box of sealed materials). |
