State v. Kell

Defendant appeals his conviction for aggravated murder, ORS 163.095(2)(c), assigning as error the admission in evidence of two separate sets of his statements to the police: those taken after he had allegedly requested an attorney and others made after a second request for an attorney. The second set was ruled inadmissible in the state’s case in chief but was admitted in rebuttal to impeach defendant’s testimony. He further assigns as error the denial of his motions to grant a co-defendant immunity as a defense witness and to exclude the testimony of a state’s rebuttal witness on the ground…