The US Court of Appeals for the First Circuit ruled in five cases to vacate its death sentence, stating that the judge erred several times.
The three-judge panel said Tsarnav was convicted in three cases, reversed.
But Zarnev is not getting out of federal prison.
“And just to be crystal clear: because we are affirming the punishment (except for the three 24 924 (c) defects) and the many life imprisonment imposed on those remaining counts (which is not challenged by Dhokhar), Dhazokhar. “The only question of his life, the remaining question is whether the government will end his life by executing him,” said Circuit Court Judge Ojetta Rogerz Thompson, who will remain in jail for prison.
The court ruled Tsarnaev was given a new penalty phase.
Tsarnaev’s lawyers had argued that he did not get a fair hearing because Boston was the scene of the devastation. Attorney Daniel Habib argued in December that the jury was made up of people directly influenced by the terrorist plot that had already made up its mind about Zarnev.
Surveillance video showed the brothers placing pressure cooker bombs in backpacks and passing a crowd near the marathon finish line, which federal prosecutors called a coordinated attack.
Prosecutors said Temerlan made the first bomb, a 6-quart pressure cooker containing ammo, nails and BBs. The bomb killed Campbell, a 29-year-old restaurant manager, and permanently injured several others who lost their legs.
The second pressure cooker bomb, carried out by Dozkhar, went off 12 seconds later and two people, a Chinese graduate student named Martin and Lu, were killed.
The bombings closed a city. The brothers killed police officer Sean Collier of the Massachusetts Institute of Technology while fleeing. After stealing an SUV, the two were chased by the police.
Tamerlan was killed in an explosive firefight with police in nearby Watertown. A day later, Dhokhar was arrested.
CNN’s Mark Morales and Steve Almasi contributed to this report.