Carter v. USA

Filing 1

MEMORANDUM ORDER as to Randall Craig Carter: On or before May 12, 2021, Dft Carter is directed to SHOW CAUSE why his claims do not constitute waiver of attorney-client privilege regarding all claims of ineffective assistance of counsel with respect to his motion. Carter is advised that a finding of implied waiver will result in United States being allowed to contact his former attorney for purpose of obtaining information necessary to respond to his claims of ineffective assistance of counsel. Signed by Judge Danny C. Reeves on 4/28/2021. (RCB)cc: COR and Randall Craig Carter by US Mail

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
SOUTHERN DIVISION
(at Pikeville)
UNITED STATES OF AMERICA,
Plaintiff/Respondent,
V.
RANDALL CRAIG CARTER,
Defendant/Movant.

)
)
)
)
)
)
)
)
)

Criminal Action No. 7: 15-019-DCR
and
Civil Action No. 7: 21-038-DCR
MEMORANDUM ORDER

*** *** *** ***
Defendant Randall Craig Carter has filed a motion seeking to vacate, set aside, or
correct his sentence under 28 U.S.C. § 2255. [Record No. 303] In support, Carter claims that
his attorney provided ineffective assistance. Based upon this assertion, the United States
ordinarily will seek to obtain an affidavit of the movant’s trial attorney in an effort to refute
some or all of the defendant’s claims. In this regard, the Court notes that authority from several
circuits, including this circuit, would indicate that Carter has waived his otherwise valid
assertion of attorney-client privilege with respect to the specific matters raised in his § 2255
motion. See United States v. Pinson, 584 F.3d 972, 977 (10th Cir. 2009), cert. denied, 559
U.S. 955 (2010); In re Lott, 424 F.3d 446, 453 (6th Cir. 2005); Bittaker v. Woodford, 331 F.3d
715, 716 (9th Cir. 2003) (en banc); Johnson v. Alabama, 256 F.3d 1156, 1178 (11th Cir. 2001);
Tasby v. United States, 504 F.2d 332, 336 (8th Cir. 1974); and Laughner v. United States, 373
F.2d 326, 327 (5th Cir. 1967).
Accordingly, it is hereby
ORDERED as follows:
-1 

On or before May 12, 2021, Defendant Carter is directed to SHOW CAUSE why his
claims do not constitute waiver of the attorney-client privilege regarding all claims of
ineffective assistance of counsel with respect to his motion filed pursuant to 28 U.S.C. § 2255.
[Record No. 303] Carter is advised that a finding of implied waiver will result in the United
States being allowed to contact his former attorney for the purpose of obtaining information
necessary to respond to his claims of ineffective assistance of counsel.
Dated: April 28, 2021.

-2