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Name: Bittaker v. Woodford
Case #: 02-99000
Court: US Court of Appeals
District 9 Cir
Opinion Date: 06/06/2003
Subsequent History: None

In a habeas corpus proceeding claiming ineffective assistance of counsel, the petitioner waives the attorney-client privilege only in the habeas litigation. The waiver is not for all time and does not extend to the possible retrial of petitioner if the habeas proceeding is successful. Thus, the federal district court properly entered a protective order precluding the use of the privileged materials for any purpose other that the habeas litigation, and barring the Attorney General from turning them over to anyone else, including law enforcement agencies.