Aikens v. Maass

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, and his convictions were affirmed from the bench. State v. Aikens, 101 Or App 120, 790 P2d 1217, rev den 310 Or 121 (1990). Petitioner’s convictions…