Death penalty jury selection
United States v. Tsarnaev
In brief
The Supreme Court overturned the First Circuit’s ruling, so the order wiping out Tsarnaev’s death sentences no longer stands.
- Where it stands
- Decided
Decided 6-3 · March 4, 2022 · Opinion by Justice Barrett
- What it’s about
- The Supreme Court overturned the First Circuit’s ruling (reversed it), which had wiped out Dzhokhar Tsarnaev’s capital sentences.
- Who it affects
- The First Circuit’s order wiping out the death sentences no longer controls the case. Any further proceedings must follow the Supreme Court’s decision rather than that earlier ruling.
Summary: written with AI from the case record.

What it's about
The case concerned jury questioning about pretrial media coverage and whether the trial judge could exclude evidence that Tsarnaev’s older brother was allegedly involved in earlier crimes.
The case sits at the intersection of choosing jurors in heavily covered trials and deciding what evidence juries may hear before choosing a death sentence.
Question 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.
What the Court decided
Holding
The Court of Appeals improperly vacated Dzhokhar’s capital sentences. 968 F. 3d 24, reversed.
- Result
- Reversed
The vote
What's next
The next step is in the lower courts: they must proceed under the Supreme Court’s decision rather than the First Circuit’s overturned ruling. The Supreme Court’s review of this appeal is complete.
Docket activity
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More questions
- What did the Supreme Court decide in United States v. Tsarnaev?
- It overturned the First Circuit’s ruling that had wiped out Dzhokhar Tsarnaev’s death sentences.
- What issues did Tsarnaev’s case involve?
- It involved juror questions about news coverage before trial and evidence that his older brother was allegedly involved in different crimes two years earlier.
- Who wrote the opinions in the case?
- Justice Thomas wrote the Court’s opinion. Justice Barrett wrote a separate opinion agreeing with the result for different reasons, while Justice Breyer wrote a separate opinion disagreeing.
- What happens next after the ruling?
- The lower courts must proceed under the Supreme Court’s decision rather than the First Circuit’s ruling that wiped out the death sentences.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.