Order, Waived Attorney-Client Privilege, § 2255 Motion — David Staveley v. United States (Document 87-1)

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An unsigned, undated proposed order filed September 12, 2022 as Document 87-1 in David Staveley v. United States of America, Criminal No. 20-CR-0074-MSM-LDA, related Civil Action No. 22-CV-00315-MSM, in the U.S. District Court for the District of Rhode Island, with a signature line for Judge Mary S. McElroy. It recites that Staveley's § 2255 motion alleges ineffective assistance by attorneys George West, Mark Josephs, Jeffrey K. Techentin and Jason Knight on four grounds. It would deem his attorney-client privilege waived as to those grounds, direct the attorneys to disclose related facts, conversations and documents to the Government, and extend the Government's time to respond to the § 2255 petition (ECF No. 70) and two other motions (ECF No. 81 and ECF No. 83) from September 12 to November 12, 2022.

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UNITED STATES DISTRICT COURT 
DISTRICT OF RHODE ISLAND 
 
DAVID STAVELEY, 
 
 
        ) 
Defendant/Petitioner, 
) 
) 
 
v. 
) 
) 
Criminal No. 20-CR-0074-MSM-LDA 
) 
UNITED STATES OF AMERICA, 
)           [Related Civil Action No. 22-CV-00315-MSM] 
Respondent. 
) 
 
ORDER 
 
1. Petitioner has filed a § 2255 motion collaterally attacking the sentence he received in 
Criminal Case No. 20-CR-0074-JJM-LDA. As grounds therefore, Petitioner asserts 
that counsel assigned to represent in him the District Court, George West, Esq., 
Mark Josephs and Jeffrey K. Techentin, Esqs., and Jason Knight, Esq., were  
ineffective in their representation of him.  In support of his Motion, Petitioner sets 
forth Four Grounds, and facts relating thereto describing the alleged ineffective 
assistance of counsel by the various attorneys. 
 
2. In his Motion, in connection with these allegations, Petitioner has disclosed details, 
conversations, and documents relating to counsels’ representation of him, and has 
thereby waived his attorney-client privilege as to those Four Grounds and the facts 
supporting each Ground. 
 
3. WHEREFORE, Petitioner’s attorney-client privilege with the attorneys listed in 
Paragraph 1 of this Order is hereby deemed waived and those attorneys are 
hereby directed to discuss with and/or otherwise disclose facts, conversations, 
and documents to the Government relating to his representation of Petitioner in 
relation to each of the Grounds alleged by Petitioner in his § 2255 Motion and the 
facts supporting each Ground. 
 
4. The time by which the Government must respond to the § 2255 Petition [ECF No. 
70] and defendant’s Motion to Strike Malicious Prosecution [ECF No. 81] and 
Motion Identifying Prejudice Egregious Performance - Ineffective Council [ECF No. 83] 
is extended from September 12, 2022 to November 12, 2022. 
 
SO ORDERED: 
 
 
JUDGE MARY S. MCELROY 
UNITED STATES DISTRICT COURT 
DISTRICT OF RHODE ISLAND 
DATE: 
Case 1:20-cr-00074-WES-LDA     Document 87-1     Filed 09/12/22     Page 1 of 1 PageID #:
944

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