State Of Washington v. Bruce Allen Hummel, 196 Wash. App. 329

Alice Hummel disappeared on October 18, 1990 after her daughter S.K. told her that Bruce Hummel had been sexually molesting S.K.; Alice never contacted family again and no body was found.
Bruce Hummel repeatedly told the children Alice had moved for work; he later admitted Alice died on October 18, 1990 and in a 2004 letter described disposing of her body and claimed she committed suicide.
For years after Alice’s disappearance Hummel forged her signature and collected her Alaska disability retirement benefits; he later pleaded guilty in federal court to wire fraud related to that scheme.
At Hummel’s second state trial (May 2014) the State presented circumstantial evidence and Hummel’s 2004 letter but did not present jailhouse informant testimony introduced at the first trial; the jury convicted him of first degree premeditated murder.
On appeal the court reviewed whether the evidence, viewed in the light most favorable to the State, was sufficient to prove the essential element of premeditation beyond a reasonable doubt.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence of premeditation for 1st-degree murder	State: motive (avoid exposure of molestation and to continue benefit fraud), Hummel’s admissions and post-offense concealment permit reasonable inference of premeditation	Hummel: State offered no evidence of planning, procurement of a weapon, stealth, or deliberation—at most evidence of motive and post-offense acts; without premeditation the charge is 2nd-degree murder	Reversed: evidence insufficient to prove premeditation beyond a reasonable doubt; conviction vacated and dismissal with prejudice ordered because the State failed to request a murder II instruction

In re Winship, 397 U.S. 358 (establishes proof beyond a reasonable doubt requirement for every element of a crime)
Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of evidence—could any rational trier of fact find guilt beyond a reasonable doubt)
Burks v. United States, 437 U.S. 1 (retrial barred when conviction reversed for insufficient evidence)
State v. Green, 94 Wn.2d 216 (procedures on motions to dismiss for insufficiency of evidence)
State v. Pirtle, 127 Wn.2d 628 (identifies factors relevant to premeditation: motive, procurement of a weapon, stealth, method of killing)
State v. Ollens, 107 Wn.2d 848 (motive plus planning/violent method supported finding of premeditation)
State v. Neslund, 50 Wn. App. 531 (premeditation found where defendant procured gun and used accomplice to facilitate killing)
State v. Hummel, 165 Wn. App. 749 (prior appeal addressing corpus delicti and public trial error, resulted in remand for new trial)