The second opinion is a state supreme court criminal case. Criminal statutes,( why this be so) and state courts are usually more cautious than the U.S. Supreme Court. How cautious is this opinion? (Bear in mind that for decades prior to this case, the law had been that this sort of homicide had been treated by the same court as first-degree murder, and that the state legislature had declined to adopt the Model Penal Code.)
a state supreme court criminal case