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BOSTON (WBZ NewsRadio) — Boston Marathon bomber Dzhokhar Tsarnaev is filing a new appeal seeking to stay his execution, according to court documents.
Tsarnaev and his lawyers filed the appeal Thursday with the First Circuit Court of Appeals calling on the court to consider four constitutional claims that were not presented to the U.S. Supreme Court during a case that reinstated his death penalty.
In the filing, Tsarnaev's lawyers wrote that the U.S. District Court improperly forced Tsarnaev's trial to be held in Boston, denied his challenges to two jurors who allegedly lied in court, turned away a juror that opposed the death penalty, and admitted evidence that was obtained through "coerced confession."
The Supreme Court reinstated Tsarnaev's death penalty on March 4 with a 6 to 3 ruling along ideological lines.
"Dzhokhar Tsarnaev committed heinous crimes. The Sixth Amendment nonetheless guaranteed him a fair trial before an impartial jury. He received one," Justice Roberts wrote in the opinion.
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Tsarnaev had previously appealed his death sentence and had it thrown out in 2020 when a court ruled the trial judge improperly excluded evidence that his brother Tamerlan had deeply influenced him and that jurors were not properly screened about their exposure to pre-trial news coverage of the Boston Marathon bombings.
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