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we should know by tomorrow if federal prosecutors will seek the death penalty against boston marathon bombing suspect dzhokhar tsarnaev. the justice department confirms attorney general eric holder will announce a decision by the end of this week. tsarnaev faces 30 criminal counts for the april 15th bombing that killed 3 people injured 260 others. breaking overnight, missouri has executed herbert smulls, who had been granted a last-minute stay by the supreme court. that stay was lifted late wednesday and smulls was put to death by lethal injection for the 1989 murder of a st. louis jewelry store owner. due in court today, a massachusetts high school student charged with killing his teacher. 15-year-old philip chism is set to be arraigned on additional charges in the murder of 24-year-old colleen ritzer. police say he raped his teacher, and they claim he admitted to killing her, apparently with a box cutter. chism pleaded not guilty in

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