The Supreme Court is considering whether to uphold an appeals court's decision to overturn Boston Bomber Dzhokhar Tsarnaev's death sentence.
Tsarnaev was sentenced to death for his role in the 2013 bombings, which he carried out along with his brother Tamerlan, who died while attempting to flee the police shortly after the attack. The district court's 2015 death sentence was overturned by an appeals court over alleged improper handling of the jury's media consumption and the court's exclusion of allegedly mitigating evidence during the sentencing phase.
The government and district court argued that the evidence on those murders was not particularly strong. But Kagan asked Feigin to"assume" that the evidence was strong: What should the district court have done then, she asked.
Justice Samuel Alito and Chief Justice John Roberts, meanwhile, spent the second half of the Tuesday argument lobbing tough questions at the Tsarnaev's attorney Ginger Anders. "This was the mitigation case. I don't think this could have been an improper mini-trial here," Anders responded, emphasizing that the mitigating evidence of the murders was essentially the defense's entire case."It was the trial."
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