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RICE v. WOOD

Nos. 93-99011, 93-99012.

44 F.3d 1396 (1995)

David Lewis RICE, Petitioner-Appellee, v. Tana WOOD, Superintendent, Respondent-Appellant. David Lewis RICE, Petitioner-Appellant, v. Tana WOOD, Superintendent, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 4, 1995.

Order Granting Rehearing April 10, 1995.

Attorney(s) appearing for the Case

Thomas J. Young, Asst. Atty. Gen., Corrections Div., Olympia, WA, for respondent-appellant, cross-appellee.

Robert S. Mahler and Peter Offenbecher, Federal Public Defenders, Seattle, WA, for petitioner-appellee, cross-appellant.

Before: WALLACE, Chief Judge, D.W. NELSON and LEAVY, Circuit Judges.

Opinion by Judge Leavy; Partial Concurrence and Partial Dissent by Judge Wallace.

Order Granting Rehearing En Banc April 10, 1995.

LEAVY, Circuit Judge:

Following a jury trial in Superior Court for King County, Washington, David Lewis Rice ("Rice") was found guilty of four counts of aggravated first degree murder and sentenced to death. The Supreme Court of Washington upheld Rice's conviction and sentence on direct appeal, and denied both of his subsequently...

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