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SC: IAC claim was complete waiver of A-C privilege

By John Wesley Hall, Jr.

IAC claim by statute was a complete waiver of attorney-client privilege. Trial capital defense counsel provided the prosecution access to the entire defense file. When the client sought disqualification of defense counsel for his misconduct, the court found a complete waiver of the attorney-client privilege. Binney v. State, 26723 (S.C. September 21, 2009): In this case, we granted a writ of certiorari to review an order of the post-conviction relief (PCR) court denying Petitioner’s motion for (1) the return of his trial file from the Attorney General’s Office (AGO) and (2) the disqualification of the AGO attorneys who viewed the file. Petitioner argues that his attorney-client privilege was violated when, after he filed an application for PCR, trial counsel turned over his entire trial file to the AGO...continue to full post

Full post as published by Law Of Criminal Defense on September 27, 2009 (boomark / email).