USA v. Luis Gonzalez, No. 11-15025 (9th Cir. 2012)
Annotate this CaseIn this interlocutory appeal, defendant challenged an order denying his motion to quash a subpoena in a 28 U.S.C. 2255 habeas proceeding brought by his wife. Defendant and his wife were convicted in separate trials for fraud arising from an insurance scam involving the wife's car. The wife subsequently alleged that her counsel provided ineffective assistance by failing to call defendant as a witness. Defendant intervened to seek quashal of the subpoenas directed at counsel on the basis of a joint defense privilege. The court remanded to the district court for an in camera evidentiary hearing to determine if and when the joint defense agreement ended, and when the communication at issue here (what defendant would ultimately testify at his wife's trial) was made. Accordingly, the court reversed and remanded the judgment.
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