David Ghent v. Robert Wong

MEMORANDUM

Prisoner David Luther Ghent (“Ghent”), convicted of first degree murder and related crimes in California state court, successfully obtained federal habeas relief and the vacatur of his death sentence in Ghent v. Woodford, 279 F.3d 1121, 1124 (9th Cir.2002). Ghent’s appeal here challenges the district court’s determination that the work product of certain mental health experts who testified on Ghent’s behalf would be subject to discovery. The State intends to make use of matters so discovered in a new sentencing proceeding in state court. For the following reasons, we affirm.

Factual Background & Procedural History

During Ghent’s habeas proceedings in district court, Ghent was granted an evi- dentiary hearing; and the State was granted discovery rights, as well as leave to depose Ghent. Following the hearing, the district court granted Ghent’s motion for a protective order, preventing the State from using documents or information gained from discovery in any proceedings beyond Ghent’s habeas proceeding, including a retrial of Ghent in state court.

In April 2003, following the vacatur by this court of Ghent’s death sentence, see Ghent, 279 F.3d at 1124 , the district…