Order Granting Motion Recognizing that Defendant Has Waived Her Attorney-Client Privilege — United States v. Aleta Necole Thomas

Summary

An order in United States of America v. Aleta Necole Thomas, Case No. 21-CR-239-GKF, in the U.S. District Court for the Northern District of Oklahoma, filed September 28, 2022 as Document 159. It rules on the government's motion for an order recognizing that the defendant waived her attorney-client privilege [Doc. 150], filed after her former attorney, Keith A. Ward, asked for such an order before preparing an affidavit on her ineffective assistance claims under 28 U.S.C. § 2255. Citing United States v. Pinson, 584 F.3d 972 (10th Cir. 2009), the order notes the implied waiver is limited to communications needed to prove or disprove the claim, and that the defendant acknowledged the waiver [Doc. 156]. The court grants the motion and finds that Mr. Ward may respond to the ineffective assistance claims against him.

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Case 4:21-cr-00239-GKF             Document 159 Filed in USDC ND/OK on 09/28/22              Page 1 of 2




                         UNITED STATES DISTRICT COURT FOR THE
                           NORTHERN DISTRICT OF OKLAHOMA

    UNITED STATES OF AMERICA,

                            Plaintiff,

    v.                                                        Case No. 21-CR-239-GKF

    ALETA NECOLE THOMAS,

                            Defendant.

                                                  ORDER

           Before the court is plaintiff’s motion for an order recognizing that defendant has waived

  her attorney-client privilege.    [Doc. 150].   Plaintiff contacted defendant’s former attorney, Keith

  A. Ward, to gather evidence for its response to defendant’s ineffective assistance of counsel claims.

  Mr. Ward requests that before he prepares an affidavit addressing defendant’s allegations the

  government obtain an order from the court declaring that defendant waived her attorney-client

  privilege by filing a motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255 raising

  claims of ineffective assistance of counsel.     [Doc. 150, p. 2].   Under United States v. Pinson,

  584 F.3d 972 (10th Cir. 2009), the implied waiver of the attorney-client privilege that arises when

  a defendant claims ineffective assistance of counsel is limited to communications “necessary to

  prove or disprove [the] claim.” See United States v. Pinson, 584 F.3d 972, 977-78 (10th Cir.

  2009).

           Defendant has acknowledged this waiver of her attorney-client privilege “to the extent that

  former counsel may respond, in limited fashion, so as to defend any applicable allegations of

  ineffectiveness of counsel.” [Doc. 156].

           IT IS THEREFORE ORDERED that the plaintiff’s Motion for an Order Recognizing that

  Defendant has Waived her Attorney-Client Privilege [Doc. 150] is granted. The Court finds that
Case 4:21-cr-00239-GKF        Document 159 Filed in USDC ND/OK on 09/28/22               Page 2 of 2




  defendant has waived her attorney-client privilege with her former attorney, Keith Ward, and that

  Mr. Ward may respond to the defendant’s claims of ineffective assistance of counsel against him.

         IT IS SO ORDERED this 28th day of September 2022.




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