United States v. Seng Xiong, 16-167 (SRN). (2019)
Court: District Court, D. Minnesota
Number: infdco20190710975
Visitors: 11
Filed: Jul. 09, 2019
Latest Update: Jul. 09, 2019
Summary: ORDER SUSAN RICHARD NELSON , District Judge . This matter is before the Court on the United States' motion [Doc. No. 182] 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. [Doc. No. 176.] WHEREFORE, having moved to vacate his sentence under 28 U.S.C. 2255, based the alleged ineffective assistance of his defense counsel, Nom Fue Thao, Esq., the Court he
Summary: ORDER SUSAN RICHARD NELSON , District Judge . This matter is before the Court on the United States' motion [Doc. No. 182] 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. [Doc. No. 176.] WHEREFORE, having moved to vacate his sentence under 28 U.S.C. 2255, based the alleged ineffective assistance of his defense counsel, Nom Fue Thao, Esq., the Court her..
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ORDER
SUSAN RICHARD NELSON, District Judge.
This matter is before the Court on the United States' motion [Doc. No. 182] 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. [Doc. No. 176.]
WHEREFORE, having moved to vacate his sentence under 28 U.S.C. § 2255, based the alleged ineffective assistance of his defense counsel, Nom Fue Thao, 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 Motion and supporting documents, and this Order, on Mr. Thao.
Source: Leagle
