AIKENS v. MAASS

90C-11868; CA A72377.

858 P.2d 148 (1993)

122 Or. App. 321

Timothy Lamar AIKENS, Respondent, v. Manfred (Fred) MAASS, Superintendent, Oregon State Penitentiary, Appellant.

Court of Appeals of Oregon.

Decided August 18, 1993.


Attorney(s) appearing for the Case

Janet A. Metcalf, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

David B. Kuhns, Salem, argued the cause and filed the brief for respondent.

Before RICHARDSON, C.J., and DEITS and DURHAM, JJ.


DEITS, Judge.

The state appeals an order granting petitioner's petition for post-conviction relief. The post-conviction court granted relief based on petitioner's trial counsel's failure to take exception to jury instructions that petitioner contends were "acquittal-first" instructions. We affirm.

Petitioner was convicted of three counts of aggravated murder, ORS 163.095, first degree arson, ORS 164.325, and abuse of corpse. ORS 166.085. An appeal was taken...

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