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319 S.C. 33

459 S.E.2d 84

State v. Young

Supreme Court of South Carolina

Decided June 19, 1995

Supreme Court of South Carolina · decided 1995-06-19

Cited by 40 later decisions — most recently May 2004 · most notably State v. Tucker (1996), State v. Patterson (1997)

2 federal appellate · 36 state decisions

Relies on Simmons v. South Carolina

Good law ✅— No negative treatment on recordhow we know

Decided 1995-06-19

View the full empirical analysis of this case →

Finney, Justice:

¶1I respectfully dissent. In my opinion, refusal of Young’s request for a jury charge on parole eligibility violated his Eighth Amendment rights. I would reverse.

¶2The trial judge allowed the jurors to be voir dired on their understanding of the term “life imprisonment.” The responses indicated few potential jurors, if any, understood the legal meaning of this phrase. Once the judge allowed this *41issue to be raised in the minds of the jurors, it became a relevant circumstance in determining the appropriate sentence to be imposed. Under these circumstances, the refusal to charge the jury the law on parole eligibility was a violation of the Eighth Amendment. See Simmons v. South Carolina, 512 U.S. —, —, 114 S.Ct. 2187, 2198, 129 L.Ed. (2d) 133, 147 (1994) (Souter, A.J., concurring). Further, I do not understand how the majority is able to conclude that the correct information would have had no impact on the jury’s sentencing decision. Simmons v. South Carolina, supra.

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