Matter of Personal Restraint of Rice

In State v. Rice, 110 Wn.2d 577, 757 P.2d 889 (1988), cert. denied, 491 U.S. 910 (1989), this court affirmed David Rice's convictions and death sentence on four counts of aggravated first degree murder. We later dismissed Rice's first personal restraint petition by an unpublished order. In re Rice, cause 54575-8 (Aug. 3, 1989). Rice has filed this second personal restraint petition, principally arguing that the prosecution withheld — and his attorneys otherwise failed to discover — evidence of his mental condition which would have been favorable to him in the penalty phase of his trial. He…