Post details: S.D.Fla.: 2255 so bad maybe USAO should consider perjury charges

04/20/13

Permalink 09:14:22 am, by fourth, 338 words, 525 views   English (US)
Categories: General

S.D.Fla.: 2255 so bad maybe USAO should consider perjury charges

Defendant would lose the search issue in his IAC claim on the merits of the search, as he should on all issues in it. As to the 2255 petition as a whole, it is rife with false statements, omissions, and documents of questionable origin, a recurring theme. “At the outset, the undersigned notes that the movant, a proactive litigant, has filed numerous pleadings and exhibits, some of questionable origin and authenticity, making allegations and representations that, when viewed in light of the entire evidence of record, are fraught with misrepresentations and/or omissions. The undersigned, however, takes no position on whether the information that has come to light in this proceeding should be subject to further investigation by the United States Attorney's Office, or whether the district court would recommend referral for further perjury and/or fraud proceedings.” Oh, and attorney-client privilege is waived. Garcon v. United States, 2012 U.S. Dist. LEXIS 187686 (S.D. Fla. April 26, 2012):

[More:]

n. 12: However, the law is clear that once a motion is filed challenging counsel's effectiveness, the attorney-client privilege is waived with regard to the challenged conduct. See Johnson v. Alabama, 256 F.3d 1156, 1178-79 (11th Cir. 2001), citing, GAB Bus. Servs., Inc. v. Syndicate, 809 F.2d 755, 762 (11th Cir. 1987) (holding that a party "waives its attorney-client privilege when it injects into this litigation an issue that requires testimony from its attorneys or testimony concerning the reasonableness of its attorneys' conduct."); Crutchfield v. Wainwright, 803 F.2d 1103 (11th Cir. 1986), reh. den. 810 F.2d 208 (citing Tasby v. United States, 504 F.2d 332, 336 (8th Cir. 1975)(it has long been the law that a client may waive protection of the privilege, either expressly or impliedly; one of the circumstances which may support a conclusion of a waiver is an attack by the client upon his attorney's conduct which calls into question the substance of their communications)). By alleging that his attorney provided ineffective assistance of counsel, the movant put at issue-and thereby waived-any privilege that might apply to the contents of his conversations with his counsel regarding the issues before the court.

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