Cite as: 532 U. S. 36 (2001)
Opinion of the Court
not home in on the question whether the prosecutor's evidentiary submissions or closing argument in fact placed Shafer's future dangerousness at issue, the question is left open for the state court's attention and disposition. Pp. 54-55.
340 S. C. 291, 531 S. E. 2d 524, reversed and remanded.
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., post, p. 55, and Thomas, J., post, p. 55, filed dissenting opinions.
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.*
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 alternative to death available to the jury is life imprisonment without possibility of parole, due process entitles the defendant "to inform the jury of [his] parole ineligibility, either by a jury instruction or in arguments by counsel." Ramdass v. Angelone, 530 U. S. 156, 165 (2000) (plurality opinion) (describing Simmons' premise and plurality opinion). The case we now confront involves a death sentence returned by a jury instructed both that "life imprison-*Sheri Lynn Johnson and John H. Blume filed a brief for the Cornell Death Penalty Project as amicus curiae.
39
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: October 4, 2007