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  • Killer’s appeal could guide Tsarnaev’s plan

    The Boston Globe - 08/22/2015

    “There are some cases right now that are going to change the dynamic of how the courts will look at this issue,” said Daniel Medwed, a law professor at Northeastern University.

    He said appeals courts are generally reluctant to overturn a judge’s decision unless a clear error is evident. But the influx of social media platforms and other new media, he added, have resulted an unprecedented risk of pretrial publicity.

    “Voir dire is designed to filter out any potential bias,” he said, but “the question is, in very high-profile cases where there is almost overwhelming pretrial publicity, it becomes that much harder to filter that out.”

    He asked, “Where do we draw the line? Where is it too much?”

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