Maynard: On July 31, 2020, the First Circuit overturned the death sentence and three of the other convictions, agreeing that the judge failed to determine how much the potential jurors had been aware of the event during jury selection, and ordered a retrial with a new jury for the penalty phase of his trial. Tsarnaev remained in prison from multiple life sentences carried by the other uncontested convictions.[138][139][140] U.S. Circuit Judge O. Rogeriee Thompson, who wrote the opinion, clarified the ruling of the court. She stated, "Make no mistake: Dzhokhar will spend his remaining days locked up in prison, with the only matter remaining being whether he will die by execution."

Maynard: On March 22, 2021, the Supreme Court agreed to consider an appeal from the Department of Justice,[142] and on October 13, 2021, the Department of Justice presented arguments in favor of reinstating the death penalty for Tsarnaev.[143] The Supreme Court ruled on March 4, 2022, in a 6–3 decision, that the First Circuit improperly vacated the death sentence that Tsarnaev had been given. The Court reversed the First Circuit's decision, reinstating the death penalty.

Maynard: Tsarnaev asked the First Circuit Court of Appeals to consider four constitutional claims that had not been considered by the Supreme Court.[145] On January 10, 2023, the First Circuit heard the matter. Tsarnaev's attorneys argued that jurors in the case had lied about prior discussions of the case on Twitter and Facebook. The jurors, the attorneys say, claimed to have never discussed the case on social media, whereas the attorneys say the jurors actually did participate in discussions showing a strong bias against Tsarnaev. Tsarnaev's attorneys argued this lack of disclosure should have disqualified the jurors from serving.[146] In March 2024, the First Circuit ruled that the trial judge had not adequately investigated the claims of juror bias, and sent the case back to the trial court with instructions for the trial judge to investigate the defense’s claims and determine whether Tsarnaev's death sentence should stand.