October Term 2001 · Docket 00-9280
Does South Carolina violate due process by withholding parole information from juries?
the side that brought the case argues the state must tell juries about parole. The state argues it controls this disclosure.
Verified source milestones
- — An official oral-argument transcript was verified.
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Mr. Bruck stated the Court considers South Carolina's compliance with Simmons.
Mr. Waters stated Simmons created a limited due process exception.
Mr. Waters stated the general rule allows states to decide on parole disclosure.
Mr. Bruck noted the history of South Carolina's handling is detailed in the petition.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 25, lines 7-19 — Transcript, file page 25, lines 7-19
- Official Supreme Court Transcript — file page 3, lines 17-47 — Transcript, file page 3, lines 17-47
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 49, lines 5-33 — Transcript, file page 49, lines 5-33
- Official Supreme Court Transcript — file page 53, lines 5-35 — Transcript, file page 53, lines 5-35
- Official Supreme Court Transcript — file page 56, lines 29-29 — Transcript, file page 56, lines 29-29
A citizen's guide to the whole case
What this case is about
This case tests a due process exception to the general rule. States usually decide whether juries learn about parole. the side that brought the case claims this rule applies here. The state claims it retains full control over jury instructions.
Official sources for this section
- Official Supreme Court Transcript — file page 25, lines 7-19 — Transcript, file page 25, lines 7-19
- Official Supreme Court Transcript — file page 3, lines 17-47 — Transcript, file page 3, lines 17-47
- Official Supreme Court Transcript — file page 49, lines 5-33 — Transcript, file page 49, lines 5-33
- Official Supreme Court Transcript — file page 53, lines 5-35 — Transcript, file page 53, lines 5-35
How the case got here
The Supreme Court heard oral argument in this case on November 26, 2001.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 56, lines 29-29 — Transcript, file page 56, lines 29-29
What each side wants
the side that brought the case wants the Court to require South Carolina to disclose parole information to juries.
State wants the Court to allow South Carolina to withhold parole information from juries.
Official sources for this section
- Official Supreme Court Transcript — file page 25, lines 7-19 — Transcript, file page 25, lines 7-19
- Official Supreme Court Transcript — file page 3, lines 17-47 — Transcript, file page 3, lines 17-47
- Official Supreme Court Transcript — file page 49, lines 5-33 — Transcript, file page 49, lines 5-33
- Official Supreme Court Transcript — file page 53, lines 5-35 — Transcript, file page 53, lines 5-35
What each side says
the side that brought the case argues due process requires the state to inform juries about parole eligibility.
State argues the general rule allows states to decide whether juries receive parole information.
Official sources for this section
- Official Supreme Court Transcript — file page 25, lines 7-19 — Transcript, file page 25, lines 7-19
- Official Supreme Court Transcript — file page 3, lines 17-47 — Transcript, file page 3, lines 17-47
- Official Supreme Court Transcript — file page 49, lines 5-33 — Transcript, file page 49, lines 5-33
- Official Supreme Court Transcript — file page 53, lines 5-35 — Transcript, file page 53, lines 5-35
What the justices asked
Chief Justice Rehnquist asked if the case was submitted.
Official sources for this section
- Official Supreme Court Transcript — file page 56, lines 29-29 — Transcript, file page 56, lines 29-29
Why it matters
This dispute determines whether juries receive parole information. It affects how states instruct juries in capital cases. It defines the scope of due process rights in sentencing.
Official sources for this section
- Official Supreme Court Transcript — file page 25, lines 7-19 — Transcript, file page 25, lines 7-19
- Official Supreme Court Transcript — file page 3, lines 17-47 — Transcript, file page 3, lines 17-47
- Official Supreme Court Transcript — file page 49, lines 5-33 — Transcript, file page 49, lines 5-33
- Official Supreme Court Transcript — file page 53, lines 5-35 — Transcript, file page 53, lines 5-35
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 56, lines 29-29 — Transcript, file page 56, lines 29-29
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 25, lines 7-19 — Transcript, file page 25, lines 7-19
- Official Supreme Court Transcript — file page 3, lines 17-47 — Transcript, file page 3, lines 17-47
- Official Supreme Court Transcript — file page 49, lines 5-33 — Transcript, file page 49, lines 5-33
- Official Supreme Court Transcript — file page 53, lines 5-35 — Transcript, file page 53, lines 5-35
- Official Supreme Court Transcript — file page 25, lines 7-19 — Transcript, file page 25, lines 7-19
- Official Supreme Court Transcript — file page 3, lines 17-47 — Transcript, file page 3, lines 17-47
- Official Supreme Court Transcript — file page 49, lines 5-33 — Transcript, file page 49, lines 5-33
- Official Supreme Court Transcript — file page 53, lines 5-35 — Transcript, file page 53, lines 5-35
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.