State v. Payne

SUBSTITUTE OPINION, THE COURT’S PRIOR OPINION DATED JUNE 18, 2008 IS HEREBY WITHDRAWN.

BURDICK, Justice.

Darrell Payne appeals his conviction of first-degree murder, first-degree kidnapping, *556robbery, and rape, and his sentence of death for first-degree murder. He also appeals the summary dismissal of all but one of his claims for post-conviction relief. The State cross-appeals the district court’s order setting aside Payne’s death sentence on post-conviction relief. We affirm Payne’s conviction, but vacate his sentence on post-conviction and remand to the district court for resentencing.

I.…