IN RE RUPE

No. 55615-6.

115 Wn.2d 379 (1990)

798 P.2d 780

In the Matter of the Personal Restraint of MITCHELL E. RUPE, Petitioner.

The Supreme Court of Washington, En Banc.

October 18, 1990.


Attorney(s) appearing for the Case

Allen & Hansen, P.S., David Allen, Richard Hansen, and Donald Roistacher, for petitioner.

Patrick D. Sutherland, Prosecuting Attorney, and Gary R. Tabor, Chief Criminal Deputy, for respondent.


BRACHTENBACH, J.

In this capital murder case personal restraint petitioner Mitchell E. Rupe, who was sentenced to death, argues that a jury instruction directing the jury not to permit sympathy to influence it during sentencing deliberations was erroneous and requires a new penalty phase trial. We deny the petition.

Petitioner was convicted on two counts of first degree aggravated murder in the shooting deaths of two Olympia, Washington, bank tellers during...

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