Six and a half months after a jury chose the death penalty for Dzhokhar Tsarnaev, the case of the self-admitted Boston Marathon bomber returns to federal court in Boston Tuesday morning.
A new trial is among the motions to be considered.
Tsarnaev’s attorneys argue that “continuous and unrelenting” publicity as well as “pervasive” connections between jurors and the events around the bombing prevented the 22-year-old from getting a trial that was impartial in both fact and appearance.
But the judge in the case will restrict the defense arguments to charges involving firearms and the use of explosives.
Tsarnaev's lawyers argue that a Supreme Court ruling in June puts 15 of his convictions in jeopardy. The ruling centered on the legal definition of a "crime of violence," a distinction that can carry stiffer penalties. The court struck down part of the definition as unconstitutionally vague.
With additional reporting from The Associated Press