Facts: Petitioner Mitchell Rupe was sentenced to death after being convicted in the Superior Court for Thurston County of murdering two bank tellers in the course of a robbery. Rupe appealed his sentence to the Supreme Court of Washington on grounds that the prosecution’s introduction of evidence at sentencing regarding his extensive gun collection in order to demonstrate his dangerousness and propensity toward violence represented reversible error insofar as this evidence related to an aggravating factor not specified by statute and penalized Rupe for exercising his right to bear arms under the Washington State Constitution (Article I §24).

Question(s): Did the introduction of evidence regarding Rupe’s gun ownership violate his constitutional right to bear arms?

Conclusion: Justice Rosellini’s opinion for the Court held that as constitutionally protected behavior cannot be the basis for criminal punishment, the state’s attempt to draw adverse inferences from Rupe’s collection of firearms represented reversible error and necessitated a new sentencing hearing. As the firearms in question were unrelated to the crime at issue, their introduction as evidence was not only irrelevant but could have a potentially chilling effect upon citizens’ exercise of the right to bear arms.

Docket No. 48729-4

Petitioner: Mitchell Rupe

(Counsel: Clifford F. Cordes III)

Respondent: State of Washington

(Counsel: Patrick D. Sutherland and Gary R. Tabor)

Decided: Thursday, June 7th, 1984

Prevailing Party: Mitchell Rupe (Petitioner)

Vote: 9-0

Opinion: 101 Wn.2d 664 (1984)

Court: Williams1 Court (1983-1984)

Williams

Rosellini

Stafford

Cunningham
(Pro Tem)

Brachtenbach

Dolliver

Dimmick

Dore

Pearson