David Lewis Rice v. Tana Wood, Superintendent

59 F.3d 176 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David Lewis RICE, Petitioner-Appellee, v. Tana WOOD, Superintendent, Respondent-Appellant. No. 95-99004. United States Court of Appeals, Ninth Circuit. Submitted Jun 26, 1995. * Decided June 28, 1995. Before: WALLACE, Chief Judge, D.W. NELSON and LEAVY, Circuit Judges. MEMORANDUM 1 After remand in accordance with Rice v. Wood, 44 F.3d 1396 (9th Cir. 1995), our court decided to rehear the case en banc. While en banc rehearing was pending, Wood sought to take the deposition of William Lanning, one of Rice's trial attorneys. The deposition was meant to preserve Lanning's testimony in the event the en banc court agreed with the Rice panel that Rice's ineffective assistance of counsel claim required an evidentiary hearing to resolve certain issues. Wood moved pursuant to Federal Rule of Civil Procedure 27(b), which allows the taking of a deposition in perpetuity. 2 The district court denied Wood's motion, and she…