In the Matter of the Personal Restraint of David Lewis Rice, Petitioner

Summary

The court dismissed Rice’s second personal restraint petition and denied his request for a reference hearing. It assumed that a state-retained psychiatrist had diagnosed Rice with paranoid delusional disorder but held that Rice presented no evidence the prosecutors knew of the diagnosis and no prima facie showing that either nondisclosure or counsel’s failure to investigate prejudiced the penalty phase. The court also held that Rice’s remaining claims were barred as an abuse of the writ because they had been available in his appeal or first petition.