Smith v. USA

Filing 4

ORDER granting 3 Motion to Stay; granting 3 Motion for Order Concerning Attorney-Client Privilege. The government shall have an additional twenty days after receiving Ms. Bublitz' response in which to respond to Petitioner's claims. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

AMANDA LYNN SMITH,
Petitioner,

Case No. 1:13-cv-00145-BLW
1:11-cr-00027-BLW

v.
ORDER
UNITED STATES OF AMERICA,
Respondent.

The Court has before it the Government’s Motion for Order Concerning AttorneyClient Privilege and to Stay the Instant Proceedings (Dkt. 3) requesting a limited waiver
of the attorney-client privilege and a stay of the Order directing the Government to file a
response to petitioner's Section 2255 Motion. Petitioner claims ineffective assistance of
counsel based on defense counsel Jessica B. Bublitz’ alleged advice regarding the
consequences of Smith’s decision to plead guilty rather than proceed to trial. The
Government seeks the limited waiver in order to determine what communications took
place between petitioner and her attorney regarding those issues.
The Court finds that petitioner impliedly waived her right to assert the
attorney-client privilege with respect to the issues raised in her Section 2255 Motion and
that discovery of the privileged communications is vital to the Government’s response.

ORDER - 1

United States v. Amlani, 169 F.3d 1189, 1194 (9th Cir. 1999).
ORDER
NOW, THEREFORE, IT IS HEREBY ORDERED that the Government’s Motion
for Order Concerning Attorney-Client Privilege and to Stay the Instant Proceedings (Dkt.
3) is GRANTED.
IT IS HEREBY ORDERED that Attorney Jessica B. Bublitz (1) shall make herself
available at a reasonable time and place to answer material inquiries of the Assistant
United States Attorney regarding petitioner’s allegations of ineffective assistant of
counsel; (2) produce to the Assistant United States Attorney any interview notes,
documents, letters, or witness statements that are material to the issues raised by
petitioner; and (3) produce to the Assistant United States Attorney an affidavit addressing
her knowledge regarding any material issue raised by the Section 2255 Motion within
forty-five (45) days of the date of this Order.
IT IS FURTHER ORDERED that the Government shall have an additional twenty
days after receiving Ms. Bublitz’ response in which to respond to Petitioner's claims.

DATED: April 18, 2013

B. LYNN WINMILL
Chief U.S. District Court Judge

ORDER - 2