Atkins v. USA

Filing 33

MEMORANDUM AND ORDER, granting 32 MOTION filed by USA.IT IS FURTHER ORDERED that attorney Eugene Howard must provide a written response that addresses petitioner Ahmad Atkins's allegations of ineffective assistance of counsel raised in his § 2255 motion. Signed by Judge J. Phil Gilbert on 11/14/2018. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
AHAMAD R. ATKINS,
Petitioner,
Civil No. 3:17-cv-00144-JPG
--Criminal No. 4:14-cr-40061-JPG

v.
UNITED STATES OF AMERICA,
Respondent.

MEMORANDUM AND ORDER
J. PHIL GILBERT, DISTRICT JUDGE
The Government has filed a motion asking for an order directing petitioner Ahamad
Atkins’s criminal defense attorney to provide a written response to Atkins’s claims. (ECF No. 32.)
This Court previously found that the petitioner’s § 2255 motion raised allegations of ineffective
assistance of counsel and ordered the Government to respond. Attorney Eugene Howard
represented Atkins with respect to the allegations in the §2255 motion.
In light of the Seventh Circuit’s decision in United States v. Evans, 113 F.3d 1457 (7th Cir.
1997), an order from the Court specifically finding that petitioner’s allegations have waived the
otherwise applicable attorney/client privilege and authorizing Mr. Howard to respond is necessary.
In Evans, the Seventh Circuit noted that the “most prudent course” for a defense attorney to take
before disclosing confidential communications and other information—even if they attorney
believed that a waiver of the privilege had clearly occurred—is to secure an administrative or
judicial determination that the disclosure would not violate the attorney client privilege. Id. at
1468.
The Court accordingly will GRANT the Government’s motion and FIND that Atkins’s
allegations of ineffective assistance of counsel on the part of attorney Eugene Howard operate as
1

a waiver of the attorney/client privilege as to those allegations. IT IS FURTHER ORDERED
that attorney Eugene Howard must provide a written response that addresses petitioner Ahmad
Atkins’s allegations of ineffective assistance of counsel raised in his § 2255 motion.
IT IS SO ORDERED.
DATE: NOVEMBER 14, 2018
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

2