back in 2013. but an appeals court had set aside the death sentence saying there were two errors in what the trial court had done. one, that the trial court judge supposedly had not scrutinized enough the pre-trial publicity that potential jurors had seen and the second error that the appeals court had found was that the trial judge had refused to let in evidence of an incident that the brother had been involved in back from 2011 where three men were killed. tsarnaev had wanted that evidence put in because he said he was under the influence of his brother, his brother had been the mastermind here and he argued it would be mitigating for the death sentence but 6-3 vote with justice clarence thomas ready for the majority, the court said that the trial judge had not abused his discretion at all in terms of how he had screened jurors for the 2015 trial and had also not