State v. Black

MILLER, Chief Justice (on rehearing).

On January 6, 1993, the first-degree murder conviction of Bradley Dean Black was upheld by plurality decision of this Court. State v. Black, 494 N.W.2d 377 (S.D.1993) (Black I). Black petitioned for rehearing. We granted his petition. Upon reconsideration, although we ratify the result of Black I and its resulting judgment affirming Black’s *739conviction, we abandon this Court’s earlier rationale.

BACKGROUND

We need not engage in a lengthy recitation of the factual background of this case, as it is fully detailed in Black I. It is sufficient for our purposes to…