State v. Wilson

This is the third appeal of this case, which arises from defendant’s involvement in the 1992 abduction and death of Misty Largo. Defendant was convicted, on retrial, of five counts of attempted aggravated murder and one count of attempted murder. On appeal, defendant argues that the trial court erred in (1) giving an “acquittal first” instruction pursuant to ORS 136.420(2), (2) denying a mistrial based on alleged prosecutorial misconduct, (3) instructing the jury, based on the Oregon Supreme Court’s affirmance of a prior appeal of defendant’s conviction for other felonies arising from this…