Hearing Held on Dzhokhar Tsarnaev on Motion for New Trial

Dzhokhar Tsarnaev's lawyers sparred in court with prosecutors today as a hearing was held on his motion for new trial.

Arguments centered on a recent Supreme Court ruling finding the law providing for stiffer penalties for crimes involving the possession of a gun or explosives to be overbroad and constitutionally vague. The ruling affects half of the counts of which Tsarnaev was convicted, and his lawyers say a new penalty trial is required.

Also addressed: Restitution, and Tsarnaev's conditions of confinement. In passing, the Judge indicated he is closer to unsealing many of the court pleadings.

The judge reserved ruling.

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    I always hate this explanation... (none / 0) (#1)
    by McBain on Tue Dec 01, 2015 at 08:54:36 PM EST
    by judges and prosecutors....
    There is absolutely no reason to believe ... the result would have been any different

    It's like a football referee saying it wasn't pass interference because it was an "uncatchable ball". Too much room for bias an error.  If it was interference, enforce the penalty...

    ... If the judge or prosecution messed up and allowed something into evidence that shouldn't have been allowed, grant a new trial.