The State of Washington, Respondent v. Mitchell Edward Rupe, Appellant

Summary

The Washington Supreme Court, en banc, affirmed Rupe's convictions for two counts of aggravated first degree murder and two counts of first degree robbery for the 1981 robbery-murders of two Tumwater State Bank tellers, rejecting his challenges to venue, the admission of his confessions and taped statements, guilt-phase evidentiary rulings, double jeopardy, and death qualification of the jury, and upholding the constitutionality of the capital sentencing statute, RCW 10.95, against state and federal cruel-punishment attacks. It reversed the death sentence, however, because the State's sentencing-phase evidence of Rupe's gun collection drew adverse inferences from constitutionally protected conduct — his right to bear arms under Wash. Const. art. 1, § 24 — and was irrelevant and prejudicial, and it remanded for a new sentencing proceeding before a new jury. The court also announced that polygraph results may not be admitted at capital sentencing where their trustworthiness is seriously in doubt, and directed that the 911 tape and predeath victim photographs be excluded on remand.