Black v. Class

GILBERTSON, Justice.

[¶ 1] Bradley Dean Black (Black) appeals the denial of his application for a writ of habeas corpus. We reverse and remand for a new trial.

FACTS AND PROCEDURE

[¶2] The facts are detailed in State v. Black, 494 N.W.2d 377 (S.D.1993) (Black I). In that ease we affirmed Black’s conviction for the first-degree murder of Robert Earl Hymore (Hymore). Black was sentenced to life imprisonment without possibility of parole. Black’s sole claim on direct appeal was that the trial court erred in refusing to instruct the jury on manslaughter as a lesser-ineluded offense to the…