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E.D.Cal.: Gov't motion for partial waiver of A-C privilege in 2255 granted

By John Wesley Hall, Jr.

Government seeks and gets a waiver of attorney-client privilege as to the allegations of ineffective assistance of counsel. United States v. Garcia, 2010 U.S. Dist. LEXIS 7114 (E.D. Cal. January 8, 2010): When a petitioner in a habeas corpus action raises a claim of ineffective assistance of counsel, he waives the attorney-client privilege as to the matters challenged. See Bittaker v. Woodford, 331 F.3d 715, 718-19 (9th Cir. 2003) ("[A] litigant waives the attorney-client privilege by putting the lawyer's performance at issue during the course of litigation ..."); Osband v. Woodford, 290 F.3d 1036, 1042 (9th Cir. 2002). The waiver applies to all information necessary to give the opposing party a fair opportunity to defend. Bittaker, 331 F.3d at 719...continue to full post

Full post as published by Law Of Criminal Defense on February 01, 2010 (boomark / email).