Picardi v. United States of America
ORDER granting 3 Motion to Extend Deadlines; granting 3 Motion for Order Directing Former Defense Counsel to Respond to Claims of Ineffective Assistance. Signed by US Magistrate Judge Veronica L. Duffy on 7/27/2015. (Attachments: # 1 Waiver form - Ms. Culotta, # 2 Waiver form - Mr. Van Norman) (CG)
ATTORNEY-CLIENT PRIVILEGE WAIVER
You have made a motion under 28 U.S.C. ' 2255 alleging that you received ineffective
assistance from your former lawyer, Jennifer Hinkebein Culotta. The Court has
reviewed your motion and determined that an affidavit from your former lawyer
concerning the specific allegations in your motion is necessary to in order to evaluate
The American Bar Association advises your attorney to obtain your consent before
disclosing confidential communications between you and him that may bear on the
disposition of your motion. This is a professional ethics requirement. As a matter of
law, you have waived the attorney-client privilege regarding the allegations of
ineffective assistance of counsel in your motion. This means that if you wish to
proceed on your claims of ineffective assistance, you must allow your
communications with your former counsel concerning the specific claims to be
disclosed to the Government and to the Court.
If you wish to proceed with your claims of ineffective assistance of counsel as set forth
in your Section 2255 motion, you must sign this form and return it to the Court.
The form authorizes your attorney to disclose confidential communications only to
the extent necessary to address the ineffective assistance of counsel claims that are
raised by your 28 U.S.C. ' 2255 motion.
You should know that if you sign this authorization, you run the risk that your
attorney will contradict your statements about her representation of you. However,
you should also know that the Court will strike the ineffective assistance of counsel
claims in your motion if you do not authorize your attorney to give an affidavit in
response to the ineffective assistance claims.
You must return this form within thirty (30) days from the date of the Court's order
directing the clerk to mail this Waiver to you or the allegations of ineffective
assistance of counsel will be stricken from your motion under 28 U.S.C. ' 2255.
I have read the document entitled AAttorney-Client Privilege Waiver.@ I hereby
authorize my former attorney, Jennifer Hinkebin Culotta, to disclose confidential
communications only to the extent necessary to address the ineffective assistance of
counsel claims that are raised by my motion under 28 U.S.C. ' 2255.
Dated this _____ day of ______________, 2015.
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