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RICE v. WOOD

Nos. 93-99011, 93-99012.

77 F.3d 1138 (1996)

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 February 20, 1996.

Attorney(s) appearing for the Case

Robert S. Mahler, MacDonald, Hoague & Bayless, Seattle, Washington; Peter Offenbecher and Thomas Hillier, Office of Federal Public Defender, Seattle, Washington; and Montell E. Hester and Wayne Fricke, Tacoma, Washington, for petitioner-appellee/cross-appellant David Lewis Rice.

Thomas J. Young, Christine O'Grady Gregoire, and Paul D. Weisser, Office of Attorney General, Olympia, Washington, for respondent-appellant/cross-appellee Tana Wood.

Before: WALLACE, Chief Judge, JAMES R. BROWNING, SCHROEDER, FLETCHER, D.W. NELSON, CYNTHIA HOLCOMB HALL, KOZINSKI, DAVID R. THOMPSON, TROTT, T.G. NELSON and HAWKINS, Circuit Judges.

Opinion by Judge KOZINSKI; Concurrence by Judge HAWKINS; Dissent by Judge D.W. NELSON.

KOZINSKI, Circuit Judge.

David Lewis Rice was absent from the courtroom when the jury returned from its deliberations and sentenced him to death. After an unsuccessful direct appeal and personal restraint petition, see State v. Rice, 110 Wn.2d 577, 757 P.2d 889 (1988), cert. denied, 491 U...

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