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A jury sentenced Tsarnaev to death by lethal injection in , but this was overturned last year by an appeals court. The court said the trial judge had failed to exclude jurors who had already concluded that Tsarnaev was guilty. While Mr Trump supported executions during his time in office, President Joe Biden has said he will seek to end the death penalty.

In its petition, Justice Department lawyers called Tsarnaev's case "one of the most important terrorism prosecutions in our nation's history". The Supreme Court very rarely hears cases it's asked to review.

However, justices agreed to hear oral arguments and decide by June next year whether to reinstate the original death sentence or uphold the appeal court's decision to ask a lower court to reconsider the sentencing. Bill and Denise Richard, Martin's parents, in a open letter published in the Boston Globe newspaper urged prosecutors not to pursue the death penalty, saying it would prompt years of appeals and "prolong reliving the most painful day of our lives.

During conference calls organized by prosecutors over the years, survivors expressed views on both sides of the debate, according to Andrew Lelling, the former top federal prosecutor in Massachusetts. Borgard, 30, said he worries that the Supreme Court, which has a conservative majority, could use this case "as a rationale for the execution of other human beings.

Norden, 59, said her views favoring execution for Tsarnaev have not changed, asking: "If this doesn't warrant the death penalty, what does? Subscribe for our daily curated newsletter to receive the latest exclusive Reuters coverage delivered to your inbox. Supreme Court to hear appeal to restore death sentence Tsarnaev was convicted in bombing that killed 3. More from Reuters. Sign up for our newsletter Subscribe for our daily curated newsletter to receive the latest exclusive Reuters coverage delivered to your inbox.

Tsarnaev's lawyers have said O'Toole's decisions deprived him of his constitutional right to a fair trial and violated a U. Asked by conservative Justice Amy Coney Barrett what the government's "end game" is regarding Tsarnaev's execution in light of Garland's moratorium, Deputy Solicitor General Eric Feigin said the Biden administration believes the jury reached a "sound verdict and that the court of appeals was wrong to upset that verdict.

The Tsarnaev brothers detonated two homemade pressure-cooker bombs at the marathon's finish line on April 15, , and days later killed a police officer. Tamerlan Tsarnaev died after a gunfight with police. Jurors convicted Dzhokhar Tsarnaev on all 30 counts he faced and determined he deserved execution for a bomb he planted that killed Martin Richard, 8, and Chinese exchange student Lingzi Lu, Restaurant manager Krystle Campbell, 29, was killed by the second bomb.

Subscribe for our daily curated newsletter to receive the latest exclusive Reuters coverage delivered to your inbox. More from Reuters. Dzhokar Tsarnaev is now behind bars at a high-security supermax prison in Florence, Colorado. Tsarnaev was convicted on 30 charges, including conspiracy and use of a weapon of mass destruction. The 1st Circuit upheld all but a few of the convictions. Prosecutors told jurors that the men carried out the attack to punish the United States for its wars in Muslim countries.

They also pointed to social media posts from two jurors suggesting they harbored strong opinions even before the trial started. But U. All three judges agreed that the death sentence should be tossed.