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Boston Marathon Bombing
FILE - Dzhokhar Tsarnaev is pictured in this photograph released by the Federal Bureau of Investigation on April 19, 2013. A federal appeals court has ordered Boston Marathon bomber Dzhokhar Tsarnaev's case to be returned to a lower court to probe claims of juror bias. The order from the 1st U.S. Circuit Court of Appeals keeps intact Tsarnaev's death sentence for now (FBI via AP, File)

Appeals court orders judge to probe claims of juror bias in Boston Marathon bomber's case

A federal appeals court has ordered Boston Marathon bomber Dzhokhar Tsarnaev’s case to be returned to a lower court to probe claims of juror bias

By ALANNA DURKIN RICHER
Published - Mar 21, 2024, 05:53 PM ET
Last Updated - Mar 21, 2024, 06:30 PM EDT

BOSTON (AP) — A federal appeals court on Thursday ordered Boston Marathon bomber Dzhokhar Tsarnaev's case to be returned to a lower court to probe claims of juror bias.

The order from the 1st U.S. Circuit Court of Appeals keeps intact Tsarnaev's death sentence for now.

But the appeals court said the trial court judge's investigation into plausible claims of juror bias “fell short of what was constitutionally required.” The appeals court said the judge must now determine whether two jurors should have been stricken because of biases.

“If and only if the district court’s investigation reveals that either juror should have been stricken for cause on account of bias," Tsarnaev will be entitled to a new trial to determine whether he should be put to death, the court said.

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