State v. Blakney

This case is before the Court on remand from the United Sattes Supreme Court for reconsideration in light of Edwards v. Arizona (1981), 451 U.S. 477, 101 S.Ct. 1880, 68 L.Ed.2d 378. Blakney v. State of Montana, 451 U.S. 1013, 101 S.Ct. 2999, 69 L.Ed.2d 384, This Court reheard the case en banc on October 19,1981, after both the State and the appellant submitted new briefs.

The facts involved are discussed fully in our opinion in State v. Blakney (1979), Mont., 605 P.2d 1093, 36 St.Rep. 2193, and need not completely be repeated here. However, when certain facts are considered together with those…