Kronski v. United States of America

Filing 17

ORDER granting 16 Motion for Extension of Time to Respond and For an Order Finding That Movant has Waived Attorney-Client Privilege. The Government shall file its response within thirty (30) days of the date of entry of this Order. Signed by District Judge Kevin H. Sharp on 10/24/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
UNITED STATES OF AMERICA

v.

KRONSKI HOWARD

)
)
)
)
)
)
)

No . 3:13-0290
Judge Sharp

ORDER
In this action under 28 U.S.C. § 2255, Petitioner claims that Thomas Drake, his trial defense
counsel, was ineffective. In light of that allegation, the Government has filed a Motion requesting
that the Court find Petitioner has waived his attorney-client privilege to the extent that counsel
believes necessary to address the allegations made against him. The Government also requests that
it be granted an extension of time to respond to the Petition in light of its present request for such
a finding.
“[I]t is widely recognized that ‘[w]hen a habeas petitioner claims that he received ineffective
assistance of counsel, he puts communications between himself and his attorney directly in issue,
and thus by implication waives the attorney-client privilege with respect to those communications,’”
United States v. Wines, 691 F.3d 599, 612 (5th Cir. 2012) (citation omitted, collecting cases), and
the Court so finds in this case. Since the Government’s request is grounded upon such a finding,
the Government will be provided additional time within which to file its response, including an
affidavit from counsel.
Accordingly, the Government’s Request for Extension of Time to Respond and For an Order
Finding That Movant has Waived Attorney-Client Privilege (Docket No. 16) is hereby GRANTED.

1

The Government shall file its response within thirty (30) days of the date of entry of this Order.
It is SO ORDERED.

____________________________________
KEVIN H. SHARP
UNITED STATES DISTRICT JUDGE

2