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SHAFER v. SOUTH CAROLINA

No. 00-5250.

532 U.S. 36 (2001)

121 S.Ct. 1263

149 L.Ed.2d 178

SHAFER v. SOUTH CAROLINA

Supreme Court of United States.

Decided March 20, 2001.

Attorney(s) appearing for the Case

David I. Bruck, by appointment of the Court, 531 U.S. 1009, argued the cause for petitioner. With him on the briefs was William N. Nettles.

Donald J. Zelenka, Assistant Deputy Attorney General of South Carolina, argued the cause for respondent. With him on the brief were Charlie Condon, Attorney General, John W. McIntosh, Chief Deputy Attorney General, and S. Creighton Waters, Assistant Attorney General.*

Ginsburg, J., delivered the opinion of the Court, in which Rehnquist, C. J.,and Stevens, O'Connor, Kennedy, Souter, and Breyer, JJ., joined. Scalia, J., p. 55, and Thomas, J., p. 55, filed dissenting opinions.

Justice Ginsburg, delivered the opinion of the Court.

This case concerns the right of a defendant in a capital case to inform the jury that, under the governing state law, he would not be eligible for parole in the event that the jury sentences him to life imprisonment. In Simmons v. South Carolina, 512 U.S. 154 (1994), this Court held that where a capital defendant's future dangerousness is at issue, and the only sentencing...

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