No. 92-9059.

512 U.S. 154 (1994)


United States Supreme Court.

Decided June 17, 1994.

Attorney(s) appearing for the Case

David I. Bruck, by appointment of the Court, 510 U.S. 942, argued the cause for petitioner. With him on the briefs was M. Anne Pearce.

Richard A. Harpootlian argued the cause for respondent. With him on the brief were T. Travis Medlock, Attorney General of South Carolina, and Donald J. Zelenka, Chief Deputy Attorney General.*

Blackmun, J., announced the judgment of the Court and delivered an opinion, in which Stevens, Souter, and Ginsburg, JJ., joined. Souter, J., filed a concurring opinion, in which Stevens, J., joined, p. 172. Ginsburg, J., filed a concurring opinion, p. 174. O'Connor, J., filed an opinion concurring in the judgment, in which Rehnquist, C. J., and Kennedy, J., joined, p. 175. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined, p. 178.

Justice Blackmun announced the judgment of the Court and delivered an opinion, in which Justice Stevens, Justice Souter, and Justice Ginsburg join.

This case presents the question whether the Due Process Clause of the Fourteenth Amendment was violated by the refusal of a state trial court to instruct the jury in the penalty phase of a capital trial that under state law the defendant was ineligible for parole. We hold that...

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