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- ilcd;;4:17-cv-04327_de9 RegisterActionDate "2019-07-10" @default.
- ilcd;;4:17-cv-04327_de9 RegisterActionDescriptionText "TEXT ORDER entered by Chief Judge Sara Darrow on July 10, 2019. The Government filed a 6 motion for an order finding that Petitioner BDFD844 has waived her attorney-client privilege as to one of the ineffective assistance of counsel claims raised in her 1 motion to vacate, set aside, or correct her sentence pursuant to 28 U.S.C. § 2255 and directing BDFD844 counsel, George Taseff, to provide an affidavit to the Government responding to this claim. BDFD844 did not respond to the 6 motion. The Court GRANTS the 6 motion. Many federal circuits have held that a section 2255 petitioner claiming ineffective assistance of counsel waives his attorney-client privilege "with respect to communications with his attorney necessary to prove or disprove his claim." See United States v. Pinson, 584 F.3d 972, 978 (10th Cir. 2009) (collecting controlling authority from the Fifth, Sixth, Eighth, Ninth, and Eleventh Circuits). While no such definitive precedent exists in this Circuit, district courts routinely cite Pinson and issue orders to former defense counsel to produce affidavits to the extent that a habeas petitioner has waived the privilege. See, e.g., Cary v. United States, No. 13-cv-1529, 2013 WL 6797170, at *1 (C.D. Ill. Dec. 23, 2013). Here, BDFD844 alleges that Mr. Taseff provided ineffective assistance when he did not file a notice of appeal despite her instruction that he do so. Based on these allegations, the Court finds that BDFD844 has waived her attorney-client privilege with respect to any and all communications between her and Mr. Taseff relating to whether a notice of appeal should be filed. It is hereby ordered that within 14 days of entry of this Order, Mr. Taseff shall submit to the United States Attorney's Office, Central District of Illinois, an affidavit addressing BDFD844 claim in her 1 motion. It is further ordered that the Government shall include a copy of counsel's affidavit with its supplemental response to BDFD844 1 motion and shall include a copy of the affidavit in the supplemental response served on BDFD844. The Clerk is directed to send a copy of this Order and BDFD844 1 motion to Mr. Taseff. The Government's supplemental response is due within 30 days of this Order. (KML, ilcd) (Entered: 07/10/2019)" @default.
- ilcd;;4:17-cv-04327_de9 AdministrativeID "None" @default.
- ilcd;;4:17-cv-04327_de9 hasJudgeReference SJ001510 @default.
- ilcd;;4:17-cv-04327_de9 hasReferenceToOtherEntry ilcd;;4:17-cv-04327_de0 @default.
- ilcd;;4:17-cv-04327_de9 hasReferenceToOtherEntry ilcd;;4:17-cv-04327_de7 @default.