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- ilcd;;1:17-cr-10010_de100 RegisterActionDate "2017-12-06" @default.
- ilcd;;1:17-cr-10010_de100 RegisterActionDescriptionText "TEXT ORDER ONLY granting 62 Motion for Extension of Time to Respond and for Order Directing Attorney Gary Morris to Submit an Affidavit. On November 27, 2017, Defendant filed an Amended Motion to Withdraw Guilty Plea, arguing, inter alia, that his counsel, Gary Morris, was ineffective in several respects. The instant motion requests the Court to enter an order that (1) Defendant 1C4FA19 has waived his attorney-client relationship with respect to communications with Mr. Morris; and (2) that Mr. Morris provide the government with an affidavit addressing the issues in Defendant's Amended Motion to Withdraw Guilty Plea. The attorney-client privilege is implicitly waived when an individual asserts claims or defenses that place his attorney's advice at issue. Garcia v. Zenith Elec. Corp., 58 F.3d 1171, 1175 n.1 (7th Cir.1995). However, an implied waiver of privilege supports disclosure of only those communications specific to Defendant's claims. The Court finds that Defendant 1C4FA19 has implicitly WAIVED his attorney-client privilege to those communications he had with Mr. Morris that relate to the ineffective assistance of counsel claims asserted in 1C4FA19 Amended Motion to Withdraw Guilty Plea. IT IS ORDERED that attorney Gary Morris is directed to provide the United State's Attorney's Office, Central District of Illinois, with an affidavit by December 20, 2017, addressing the allegations in 1C4FA19 Amended Motion to Withdraw Guilty Plea. The Government SHALL give a copy of this order to Mr. Morris. IT IS FURTHER ORDERED that the Government's time to respond to Defendant's Motion 59 is extended up to and including January 6, 2018. The Government SHALL include a copy of Mr. Morris' affidavit with any response it files. Entered by Judge Joe Billy McDade on 12/6/2017. (ACM, ilcd) (Entered: 12/06/2017)" @default.
- ilcd;;1:17-cr-10010_de100 AdministrativeID "None" @default.
- ilcd;;1:17-cr-10010_de100 OntologyLabel order @default.
- ilcd;;1:17-cr-10010_de100 hasReferenceToOtherEntry ilcd;;1:17-cr-10010_de94 @default.
- ilcd;;1:17-cr-10010_de100 hasReferenceToOtherEntry ilcd;;1:17-cr-10010_de99 @default.