Coleman v. Bradshaw

Filing 212

ORDER TO PETITIONER'S COUNSEL: This capital habeas corpus case is before the Court on Petitioner's letter to Judge Sargus complaining of the conduct of his appointed counsel (Doc. No. 211). Colemans counsel shall respond thereto not later than March 20, 2014. Signed by Magistrate Judge Michael R Merz on 3/10/2014. (kpf1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
TIMOTHY L. COLEMAN,
:
Petitioner,

Case No. 3:03-cv-299
:

District Judge Edmund A. Sargus, Jr.
Magistrate Judge Michael R. Merz

-vsMARGARET BRADSHAW, Warden,
:
Respondent.

ORDER TO PETITIONER’S COUNSEL

This capital habeas corpus case is before the Court on Petitioner’s letter to Judge Sargus
complaining of the conduct of his appointed counsel (Doc. No. 211). Coleman’s counsel shall
respond thereto not later than March 20, 2014. By reciting in the letter the content of various
conversations between himself and his counsel, Coleman has waived the attorney-client
communication privilege as to the content of those communications.

The attorney-client

privilege is waived by voluntary disclosure of the communication in such a way as to breach
confidentiality United States v. Dakota, 197 F.3d 821, 825 (6th Cir. 2000), citing In re Grand
Jury Proceedings October 12, 1995, 78 F.3d 251, 254 (6th Cir. 1996) Leybold-Heraeus Tech. Inc.
v. Midwest Instrument Co., 118 F.R.D. 609 (E.D.Wis. 1977); supra; Fonar Corp. v. Johnson &
Johnson, 277 U.S.P.Q. 886 (D. Mass. 1985).
March 10, 2014.
s/ Michael R. Merz
United States Magistrate Judge

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