In Re Sakarias

BAXTER, J.,

Concurring and Dissenting.—I concur in the judgment except insofar as it orders vacation of petitioner Sakarias’s death judgment. As to Sakarias, I respectfully dissent.

Sakarias conspired with petitioner Waidla to rob and kill Avo and Yiivi Piirisild, their former benefactors. They invaded the Piirisilds’ home, lay in wait, and ambushed and murdered Yiivi. During a prolonged and horrific assault, numerous blows and wounds were inflicted with a knife and a hatchet. Sakarias admitted he used both weapons on the victim. As planned, the killers carried away property from the Piirisild…