State v. White

Defendant appeals his convictions for murder, ORS 163.115, and arson in the first degree, ORS 164.325, arguing that the state was barred from prosecuting him. We affirm.

Defendant, Kell and Harris were indicted for arson and the aggravated murder of Robert Harris. Kell and Harris were tried separately. Before defendant’s trial, he was called as a witness at Harris’ trial, but he declined to testify, even though he was offered use and derivative use immunity under former ORS 136.619. 1 He was found in contempt and appealed that conviction. Defendant then testified at his own trial, at which he…