Ixtlilco-Hernandez v. United States of America, No. 5:2012cv05020 - Document 15 (D.S.D. 2012)
Court Description: MEMORANDUM OPINION AND ORDER granting 14 Motion re: Attorney-Client Privilege Waiver. Signed by US Magistrate Judge John E. Simko on 12/28/12. (Attachments: # 1 Attorney-Client Privilege Waiver) (SLW)
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ATTORNEY -CLIENT PRIVILEGE WAIVER You have made a motion under 28 U.S.C. § 2255 alleging that you received ineffective assistance from your former lawyer, Steven M. Christensen. The Court has reviewed your motion and determined that an affidavit from your former lawyer concerning the specific allegations in your motion is necessary to in order to evaluate your motion. The American Bar Association advises your attorney to obtain your consent before disclosing confidential communications between you and him that may bear on the disposition ofyour motion. This is a professional ethics requirement. As a matter oflaw, you have waived the attorney- client privilege regarding the allegations of ineffective assistance of counsel in your motion. This means that if you wish to proceed on your claims of ineffective assistance, you must allow your communications with your former counsel concerning the specific claims to be disclosed to the Government and to the Court. If you wish to proceed with your claims of ineffective assistance of counsel as set forth in your Section 2255 motion, you must sign this form and return it to the Court. The form authorizes your attorney to disclose confidential communications only to the extent necessary to address the ineffective assistance of counsel claims that are raised by your 28 U.S.C. § 2255 motion. You should know that ifyou sign this authorization, you run the risk that your attorney will contradict your statements about his representation ofyou. However, you should also know that the Court will strike the ineffecti ve assistance ofcounsel claims in your moti on ifyou do not authorize your attorney to give an affidavit in response to the ineffective assistance claims. You must return this form within thirty (30) days from the date ofthe Court's order directing the clerk to mail this Waiver to you or the allegations ofineffective assistance of counsel will be stricken from your motion under 28 U.S.C. § 2255. AUTHORIZATION I have read the document entitled "Attorney-Client Privilege Waiver." I hereby authorize my former attorney, Steven M. Christensen, to disclose confidential communications only to the extent necessary to address the ineffective assistance of counsel claims that are raised by my motion under 28 U .S.C. § 2255. Dated this _ _ dayofJanuary, 2013. Movant
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