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
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- In 6-3 ruling, court reinstates death penalty for Boston Marathon bomber (Amy Howe, March 4, 2022)
- Justices appear to favor reinstating death penalty for Boston Marathon bomber (Amy Howe, October 13, 2021)
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- 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)
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- 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 Fridays 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 |
|---|---|
| 10/06/2020 | Petition for a writ of certiorari filed. (Response due November 5, 2020) |
| 10/20/2020 | Motion to extend the time to file a response from November 5, 2020 to December 7, 2020, submitted to The Clerk. |
| 10/21/2020 | Motion to extend the time to file a response is granted and the time is extended to and including December 7, 2020. |
| 11/05/2020 | Brief amicus curiae of The National Fraternal Order of Police filed. |
| 11/23/2020 | United States opposition to respondent's 30-day extension request not accepted for filing. (November 23, 2020 - corrected letter to be submitted) |
| 11/23/2020 | Motion to extend the time to file a response from December 7, 2020 to January 6, 2021, submitted to The Clerk. |
| 11/23/2020 | Response to motion for an extension of time from petitioner United States filed. |
| 11/24/2020 | Motion to extend the time to file a response is granted in part; the time is extended to and including December 17, 2020. |
| 12/17/2020 | Brief of respondent Dzhokhar A. Tsarnaev in opposition filed. |
| 12/18/2020 | Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5. filed. |
| 12/23/2020 | DISTRIBUTED for Conference of 1/8/2021. |
| 12/23/2020 | Reply of petitioner United States filed. (Distributed) |
| 01/11/2021 | DISTRIBUTED for Conference of 1/15/2021. |
| 01/19/2021 | DISTRIBUTED for Conference of 1/22/2021. |
| 02/12/2021 | DISTRIBUTED for Conference of 2/19/2021. |
| 02/22/2021 | DISTRIBUTED for Conference of 2/26/2021. |
| 03/01/2021 | DISTRIBUTED for Conference of 3/5/2021. |
| 03/15/2021 | DISTRIBUTED for Conference of 3/19/2021. |
| 03/22/2021 | Petition GRANTED. |
| 03/26/2021 | Motion for an extension of time to file the briefs on the merits filed. |
| 04/15/2021 | 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. |
| 04/22/2021 | Blanket Consent filed by Respondent, Dzhokhar A. Tsarnaev |
| 04/28/2021 | Blanket Consent filed by Petitioner, United States |
| 05/05/2021 | Brief amici curiae of James Fetzer, Ph. D., et al. filed. |
| 06/14/2021 | Joint appendix Volume I and II filed. (Statement of costs filed) |
| 06/14/2021 | Brief of petitioner United States filed. |
| 06/14/2021 | 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. |
| 06/14/2021 | Joint appendix Volume III (Redacted) filed. (Docketed 8/2/21). |
| 06/21/2021 | Brief amicus curiae of American Bar Association filed. |
| 06/21/2021 | Brief amicus curiae of Criminal Justice Legal Foundation filed. |
| 06/21/2021 | Brief amicus curiae of The National Fraternal Order of Police filed. |
| 07/13/2021 | ARGUMENT SET FOR Wednesday, October 13, 2021. |
| 07/28/2021 | Record requested from the U.S.C.A. 1st Circuit. |
| 08/02/2021 | Motion for leave to file Volume III of the joint appendix under seal with redacted copies for the public record GRANTED. |
| 08/03/2021 | CIRCULATED |
| 08/20/2021 | Brief of respondent Dzhokhar A. Tsarnaev filed. (Distributed) |
| 08/25/2021 | Brief amici curiae of Interested Evidence and Sentencing Law Professors filed. ((Distributed) |
| 08/27/2021 | 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) |
| 08/27/2021 | Brief amici curiae of Retired Federal Judges and Former Federal Prosecutors filed. (Distributed) |
| 08/27/2021 | Brief amici curiae of Shirin Bakhshay, Tarika Daftary-Kapur, Yael Danieli, Angela Jones, Margaret Bull Kovera, Steven D. Penrod & Christine L. Ruva filed. (Distributed) |
| 08/27/2021 | Brief amicus curiae of Michael J.Z. Mannheimer filed. (Distributed) |
| 09/14/2021 | 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. |
| 09/20/2021 | Reply of petitioner United States filed. (Distributed) |
| 09/29/2021 | The record received from the U.S.D.C. Dist. of Massachusetts has been electronically filed. |
| 10/04/2021 | Letter of petitioner clarifying joint appendix arrangement filed. |
| 10/13/2021 | Argued. For petitioner: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Ginger D. Anders, Washington, D. C. |
| 03/04/2022 | 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. |
| 04/05/2022 | judgment issued. |
| 12/21/2022 | Record returned to the U.S.C.A. 1st Circuit (1 box of sealed materials). |