Rupe v. Wood
Court of Appeals for the Ninth Circuit
1Opinion of the Court
SCHROEDER, Circuit Judge:
This is an appeal by the Superintendent of the Washington State Penitentiary, Tana Wood, from a judgment of the district court granting a writ of habeas corpus to petitioner Mitchell Rupe. Rupe was convicted of first degree murder for the shooting deaths of two bank tellers and sentenced to death. The district court declined to disturb the underlying convictions but granted the writ and vacated the sentence on two grounds. First, it ruled that Rupe would suffer cruel and unusual punishment in violation of the Eighth Amendment if he were put to death by hanging,…
2Cases cited28 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Teague v. LaneSupreme Court of the United States · 1989
- Lockett v. OhioSupreme Court of the United States · 1978
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3Cited by153 opinions
- Donald Eugene Lambert v. James Blodgett, Donald Eugene Lambert v. James BlodgettCourt of Appeals for the Ninth Circuit · 2004
- People v. BurgenerCalifornia Supreme Court · 2003
- Commonwealth v. CarsonSupreme Court of Pennsylvania · 2006
- Delgadillo v. WoodfordCourt of Appeals for the Ninth Circuit · 2008
- In re the Personal Restraint of BennWashington Supreme Court · 1998
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