Filed: Aug. 08, 2019
Latest Update: Aug. 08, 2019
Summary: ORDER SUSAN RICHARD NELSON , District Judge . This matter is before the Court on the United States' motion [Doc. No. 193] for an order recognizing that Defendant waived his attorney-client privilege by asserting ineffective assistance of counsel in his Motion To Vacate Sentence Pursuant To 28 U.S.C. 2255 and various other filings relating to his attorney's performance. [Doc. Nos. 70, 71, 74, 75, 76, 77, 81, 82, 83.] WHEREFORE, having moved to vacate his sentence under 28 U.S.C. 2255,
Summary: ORDER SUSAN RICHARD NELSON , District Judge . This matter is before the Court on the United States' motion [Doc. No. 193] for an order recognizing that Defendant waived his attorney-client privilege by asserting ineffective assistance of counsel in his Motion To Vacate Sentence Pursuant To 28 U.S.C. 2255 and various other filings relating to his attorney's performance. [Doc. Nos. 70, 71, 74, 75, 76, 77, 81, 82, 83.] WHEREFORE, having moved to vacate his sentence under 28 U.S.C. 2255, b..
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ORDER
SUSAN RICHARD NELSON, District Judge.
This matter is before the Court on the United States' motion [Doc. No. 193] for an order recognizing that Defendant waived his attorney-client privilege by asserting ineffective assistance of counsel in his Motion To Vacate Sentence Pursuant To 28 U.S.C. § 2255 and various other filings relating to his attorney's performance. [Doc. Nos. 70, 71, 74, 75, 76, 77, 81, 82, 83.]
WHEREFORE, having moved to vacate his sentence under 28 U.S.C. § 2255, based on the alleged ineffective assistance of his defense counsel, Ashli Summer McKeivier, Esq., the Court hereby recognizes that Defendant waived the attorney-client privilege as to those matters asserted in his motion or necessary to respond thereto. See, e.g., Tasby v. United States, 504 F.2d 332, 336 (8th Cir. 1974) ("When a client calls into public question the competence of his attorney, the privilege is waived.").
Accordingly, it is hereby ORDERED that the Government shall serve a copy of Defendant's Motions and supporting documents, and this Order, on Ms. McKeivier.
