Lambright v. Ryan, No. 10-99012 (9th Cir. 2012)
Annotate this CasePetitioner appealed the district court's decision to modify the protective order issued in his federal habeas proceeding to permit respondent to turn over materials produced during the federal proceeding to the agency that would prosecute his resentencing. The court held that the district court abused its discretion in granting the motion for modification as to materials that were privileged. The court vacated the portion of the order relating to privileged materials and remanded to the district court for further proceedings to resolve all disputes as to which specific materials were privileged and thus were covered by its protective order. The court held, however, that the district court did not abuse its discretion in modifying the protective order so as to exclude from its coverage non-privileged material, and therefore affirmed that portion of its order. Because the court held that the district court did not abuse its discretion in failing to hold an evidentiary hearing, the disqualification of the Arizona Attorney General's Office from representing respondents was not moot.
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