United States Ninth Circuit

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US v. Gonzalez, 11-15025

In Section 2255 habeas corpus proceedings alleging ineffective assistance of counsel by failing to call the petitioner's husband as a witness, in which the husband intervened to seek quashal of subpoenas directed at the attorney on the basis of a joint defense privilege, the district court's order denying the motions to quash is reversed, where: 1) it was necessary to remand to the district court to determine whether and when the joint defense agreement implicitly ended, and when the ultimate representation regarding what the husband would testify to at the wife's trial was made; and 2) the district court's analyses regarding privilege versus work product and unilateral waiver by filing the section 2255 petition were in error.

Appellate Information

  • Decided 01/25/2012
  • Published 01/25/2012

Judges

  • Hawkins

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Daniel P. Blank, Robert David Rees