CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

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Wednesday, September 14, 2005

6th Circuit: Claim of Actual Innocence on Post Conviction Does NOT Waive Attorney Client Privilege

The defendant filed a habeas alleging Brady violations and actual innocence.  The prosecution filed a motion alleging that by claiming actual innocence, the defendant had waived the attorney client privilege, and the prosecution should have access to any incriminating statements made by the inmate to his attorney prior to trial.  The lower court agreed, finding that a claim of actual innocence waives the privilege.   The 6th Circuit reversed.  Decision.  [Mark Godsey]

http://lawprofessors.typepad.com/crimprof_blog/2005/09/6th_circuit_cla.html

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