44
Opinion of the Court
language [on parole ineligibility] not being charged," App. 221, and the judge again overruled the objection, App. 222.
Three hours and twenty-five minutes into its sentencing deliberations, the jury sent a note to the trial judge containing two questions:
"1) Is there any remote chance for someone convicted of murder to become elig[i]ble for parole? "2) Under what conditions would someone convicted for murder be elig[i]ble." App. 253.
Shafer's counsel urged the court to read to the jury the following portion of § 16-3-20(A):
"If the State seeks the death penalty and a statutory aggravating circumstance is found beyond a reasonable doubt . . . and a recommendation of death is not made, the trial judge must impose a sentence of life imprisonment. For purposes of this section, 'life imprisonment' means until death of the offender. No person sentenced to life imprisonment pursuant to this section is eligible for parole, community supervision, or any early release program, nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory life imprisonment required by this section." App. 226 (emphasis added).
He argued that the court's charge, which partially quoted from § 16-3-20 (above in italics), but omitted the provision's concluding sentence (above in boldface), had left the jurors confused about Shafer's parole eligibility. App. 226. The State adhered to its position that "the jury should not be informed as to any parole eligibility." App. 223. South Carolina law, the prosecutor insisted, required the judge to "instruct the jury that it shall not consider parole eligibility in reaching its decision, and that the term life imprisonment and a death sentence should be understood in their ordinary and plain meaning." App. 223-224.
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