Brown v. United States of America

Filing 15

ORDER granting 14 Motion regarding Waiver of Mr. Brown's Attorney-Client Privilege solely for the purpose of litigating his 2255 petition by Judge Ronald B. Leighton. (order electronically sent to Paula Olson and mailed to Richard Brown this date)(JAB)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Judge Leighton

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA ) ) Plaintiff, ) ) v. ) ) RICHARD BROWN, ) ) Defendant. ) _________________________________) UNITED STATES OF AMERICA, NO. C08-5599RBL (CR03-5426RBL)

ORDER

Having reviewed the Government's Motion for an Order Regarding Defendant Richard Brown's Waiver of His Attorney-Client Privilege, and based upon the reasons set forth in that Motion, IT IS HEREBY ORDERED that Defendant Brown, by raising issues related to his legal representation in the context of his 2255 petition, has waived his attorney-client privilege for the purpose of litigation that motion. Accordingly, Brown's former attorney, Paula Olson, is hereby authorized to provide evidence of their conversations with Brown (including otherwise privileged legal conversations), by way of affidavit, testimony, or in any other form. Paula Olson is also authorized to produce documents and records related to her representation of Brown to the Government. IT IS FURTHER ORDERED that, absent further orders from this Court, the evidence provided pursuant to this Order shall be used solely for the purpose of litigating Brown's 2255 petition and shall not be admissible against Brown in any other proceeding, including at any trial in this case. This Order shall remain in effect even after

ORDER/-- 1 C08-5599RBL

UNITED STATES ATTORNEY 700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271 [phone]

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

the Court has ruled on Brown's 2255 petition. Both parties retain the right to apply to the Court for modification of this Order. DATED this 9th day of April, 2009.

A
Presented by: /s/ Bruce F. Miyake BRUCE F. MIYAKE Assistant United States Attorney

RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE

ORDER/-- 2 C08-5599RBL

UNITED STATES ATTORNEY 700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271 [phone]