State v. Shafer ( 2002 )

Justice PLEICONES:

I agree that we should remand this case for a new sentencing proceeding. Consistent with my dissent in State v. Kelly, 343 S.C. 350, 540 S.E.2d 851 (2001), I would grant this relief solely because appellant requested a parole ineligibility charge at his first trial. Further, I agree with the majority that the decision whether to give such a charge in future capital sentencing proceedings is governed by the amended version of S.C.Code Ann. § 16-3-20 (Supp.2001), effective May 28, 2002.