No. 00-9280.

534 U.S. 246 (2002)

122 S.Ct. 726

151 L.Ed.2d 670


Supreme Court of United States.

Decided January 9, 2002.

Attorney(s) appearing for the Case

David I. Bruck, by appointment of the Court, 534 U.S. 809, argued the cause for petitioner. With him on the briefs was Robert M. Dudek.

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

Souter, J., delivered the opinion of the Court, in which Stevens, O'Connor, Ginsburg, and Breyer, JJ., joined. Rehnquist, C. J., filed a dissenting opinion, in which Kennedy, J., joined, p. 258. Thomas, J., filed a dissenting opinion, in which Scalia, J., joined, p. 262.

Justice Souter, delivered the opinion of the Court.

Last Term, we reiterated the holding of Simmons v. South Carolina, 512 U.S. 154 (1994), that when "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...

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