[T][U] Rice v. Wood

MEMORANDUM 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.