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- ilcd;;1:17-cv-01587_de10 RegisterActionDate "2018-03-13" @default.
- ilcd;;1:17-cv-01587_de10 RegisterActionDescriptionText "TEXT ORDER granting 6 Motion for Extension of Time to File Response and for Order Directing Attorney Robert Alvarado to Submit an Affidavit. On December 29, 2017, Petitioner filed a 2255 motion, arguing that his plea counsel, Robert Alvarado, provided ineffective assistance for failing to file an appeal and telling Petitioner that he would not be deported when his sentence lapses. By the instant motion, the Government requests the Court to enter an order that (1) Petitioner has waived his attorney-client relationship with respect to communications with his attorney Robert Alvarado as they relate to Petitioner's IAC claims; and (2) Mr. Alvarado provide the government with an affidavit addressing the issues in Petitioner's 2255 motion. 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). Implied waiver can be found when a petitioner asserts ineffective assistance of counsel in a habeas case. United States v. Pinson, 584 F.3d 972, 978 (10th Cir.2009) (collecting cases). However, an implied waiver of privilege supports disclosure of only those communications specific to Petitioner's claims. The Court finds that Petitioner has implicitly WAIVED his attorney-client privilege to those communications he had with Mr. Alvarado that relate to Petitioner's claims that Mr. Alvarado provided ineffective assistance for failing to file an appeal and for informing Petitioner that he would not be deported after he serves his sentence. IT IS ORDERED that attorney Robert Alvarado is directed to provide the United State's Attorney's Office, Central District of Illinois, with an affidavit within 14 days of the entry of this Order addressing the aforementioned ineffective assistance claims. The Government SHALL give a copy of this order to Robert Alvarado. IT IS FURTHER ORDERED that the Government's time to respond to Petitioner's 2255 motion is extended up to and including April 10, 2018. The Government SHALL include a copy of Mr. Alvarado's affidavit with any response it files. Entered by Judge Joe Billy McDade on 10/18/2017. Entered by Judge Joe Billy McDade on 3/13/2018. (ACM, ilcd) (Entered: 03/13/2018)" @default.
- ilcd;;1:17-cv-01587_de10 AdministrativeID "None" @default.
- ilcd;;1:17-cv-01587_de10 hasReferenceToOtherEntry ilcd;;1:17-cv-01587_de9 @default.