BOSTON (WHDH) - Federal prosecutors are planning to ask the Supreme Court to review the lower courts’ ruling that threw out the death penalty in the case against Boston Marathon bomber Dzhokhar Tsarnaev.

Court documents filed on Monday formalized a promise made by Attorney General William Barr to continue to pursue the death penalty in this case.

RELATED: Justice Department will seek death penalty again against Boston Marathon bomber Dzhokhar Tsarnaev

The appeals court threw out the death penalty back in July over concerns that jurors were not properly screened for potential biases.

Tsarnaev remains in a super-max prison in Colorado.

 

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