https://www.documentcloud.org/documents/6572683-Tsarnaev-Appeal-Brief.html
Tsarnaev’s 1,126 page appeal brief.
https://www.documentcloud.org/documents/6572684-Tsarnaev-Government-s-Response-Brief.html
United States’ 431 page reply brief.
This is Tsarnaev’s direct appeal of right from his sentencing trial. The adjudication of guilt and death penalty were entered by the District Court on June 24, 2015. Oral arguments were held today, 4 1/2 years later. Given the magnitude of the case, not an unexpected time frame 15 broad issues are being raised, including the issue of the denial of a change of venue and potential misconduct by two jurors, among other things.
The panel hearing his case at the First Circuit will be United States Circuit Judges Juan Torruella, William J. Kayatta, Jr. and O. Rogeriee Thompson.
In an interesting twist, Torruella served on a panel which considered an appeal of the District Court’s refusal to change venue during the trial. The two Judge majority refused the appeal. Torruella, in dissent, would have ordered a change of venue. The panel hearing this case does not include either of the Judges who ruled against Tsarnaev at that time. So the defense starts “one Judge up” on the venue issue.
It will be interesting and I think Tsarnaev has a plausible chance of success, though perhaps not a good chance.
Note the only thing at stake is the sentence, not the underlying conviction. If Tsarnaev succeeds, he merely guarantees that he will live out his natural lifespan at ADX Florence.
Given that circumstance, there will likely come the day he will crave death as a release.
Death by lethal injection certainly sounds preferable to perhaps half a century locked in ADX Florence.