attorney-client-privilege

62 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25A819 Ashton J. Ryan, Jr. v. United States Fifth Circuit 2026-01-14 Application attorney-client-privilege certiorari criminal-procedure fifth-circuit statutory-interpretation supreme-court-review Question not identified.
24-7416 Courtney B. Mathews v. Tennessee Tennessee 2025-06-13 Denied IFP attorney-client-privilege conflict-of-interest criminal-defense due-process ethical-burden trial-errors Does a criminal defense attorney becoming a witness against their own client due to intentional waiver of attorney-client privilege, creating divergen…
24-1184 In Re Grand Jury Investigation Eleventh Circuit 2025-05-20 Denied Relisted (2) appellate-jurisdiction attorney-client-privilege discovery-order grand-jury-subpoena perlman-exception third-party-compliance Whether Perlman permits an immediate appeal of orders compelling both the objecting privilegeholder and a disinterested third party to comply with a g…
24-1084 Steven M. Hohn v. United States Tenth Circuit 2025-04-17 Denied Amici (7) attorney-client-privilege constitutional-rights legal-prejudice prosecutorial-misconduct sixth-amendment trial-procedure Whether a prosecutor's intentional, unjustified intrusion into a defendant's attorney-client communications violates the Sixth Amendment without a sho…
24-6656 Derek Burns v. Georgia Georgia 2025-02-26 Denied IFP attorney-client-privilege evidence-intrusion legal-communications procedural-matters sixth-amendment state-actors Does characterizing attorney client communications about bond strategy and hearing preparation as merely 'procedural scheduling matters' defeat Sixth …
24-502 John Doe v. United States Fourth Circuit 2024-11-04 Denied Relisted (2) appellate-jurisdiction attorney-client-privilege criminal-investigation filter-team injunction-order privilege-review Does the fact that the privilege holder is under criminal investigation deprive appellate courts of jurisdiction to review orders refusing to enjoin a…
24-5777 Daniel Loren Jenkins v. Erin Reyes, Superintendent, Two Rivers Correctional Institution Ninth Circuit 2024-10-17 Denied Response WaivedIFP attorney-client-privilege confidentiality constitutional-rights criminal-procedure effective-assistance-of-counsel sixth-amendment Whether Supreme Court precedent establishes an exception to attorney-client confidentiality privilege when defense counsel determines a need to disclo…
23A1107 Abbott Laboratories, et al. v. United States District Court for the Eastern District of Pennsylvania Third Circuit 2024-06-12 Presumed Complete attorney-client-privilege crime-fraud-exception mandamus patent-litigation sham-litigation work-product-privilege Whether the crime-fraud exception to attorney-client privilege can be applied to sham litigation or other non-criminal conduct beyond traditional frau…
23-7694 Juan Antonio Hernandez Alvarado, aka Tony Hernandez v. United States, et al. Second Circuit 2024-06-12 Denied Response WaivedIFP attorney-client-privilege attorney-communication due-process impartial-jury jury-impartiality law-enforcement-interaction no-contact-rule right-to-counsel waiver Whether New York's 'no-contact' rule was violated
23-7215 David Hueston v. United States Seventh Circuit 2024-04-12 Denied Response WaivedIFP attorney-client-privilege evidentiary-weight fourth-amendment franks-hearing franks-v-delaware officer-affiant probable-cause prosecutorial-consultation prosecutorial-discretion search-and-seizure search-warrant Whether a reviewing court may place substantial evidentiary weight on an officer-affiant's consultation with a prosecuting attorney before seeking and…
23-6838 Danny Lee Warner, Jr. v. Montana Montana 2024-02-29 Denied Response WaivedIFP attorney-client-privilege due-process fourteenth-amendment fourth-amendment presumption-of-prejudice prosecutorial-misconduct sixth-amendment warrantless-search Are unsworn assertions sufficient to overcome clear and convincing evidence of illegal search and seizure?
23-6496 Irvin Harris Johnson v. United States District of Columbia 2024-01-17 Denied IFP attorney-client-privilege criminal-procedure evidence-seizure prejudice pretrial-detention right-to-counsel sixth-amendment trial-evidence work-product-doctrine work-product-privilege Whether the government's seizure and use at trial of a pretrial detainee's notes reflecting his defense strategy for discussion with counsel violates …
23-6230 Danille Morris v. United States Tenth Circuit 2023-12-12 Denied Response RequestedResponse WaivedRelisted (2)IFP attorney-client-confidentiality attorney-client-privilege guilty-plea habeas-corpus habeas-relief plea-bargaining prosecutorial-misconduct sixth-amendment tollett-interpretation tollett-v-henderson Does Tollett v. Henderson preclude collateral attack on a sentence due to pre-plea prosecutorial misconduct involving confidential attorney-client com…
23A411 Irvin Harris Johnson v. United States District of Columbia 2023-11-08 Presumed Complete attorney-client-privilege confidential-communication criminal-procedure right-to-counsel sixth-amendment work-product-doctrine Whether the Sixth Amendment protects a criminal defendant's handwritten notes prepared for attorney consultation from being seized and used as evidenc…
23-199 George Anibowei v. Alejandro N. Mayorkas, Secretary of Homeland Security, et al. Fifth Circuit 2023-09-01 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) attorney-client-privilege border-search cellphone-privacy cellphone-search circuit-conflict fourth-amendment preliminary-injunction warrantless-search Whether the Fourth Amendment's protection against unreasonable searches and seizures entitles petitioner to a preliminary injunction against additiona…
23-5288 Jay Hymas v. Department of the Interior, et al. Ninth Circuit 2023-08-04 Denied Response WaivedIFP attorney-client-privilege case-disposition civil-procedure constitutional-law federal-appellate-rules judicial-review ninth-circuit ninth-circuit-court-of-appeals procedural-standards Whether the Ninth Circuit Court of Appeals opinion overcomes the Federal Appellate Rules regarding the disposition of a case, and if so whether the pr…
23-5274 Wicahpe George Milk v. United States Eighth Circuit 2023-08-03 Denied Response WaivedIFP 18-usc-1503 attorney-client-privilege constitutional-challenge criminal-procedure dismissal indian-reservation jurisdiction statutory-interpretation suppression Whether acts occurring on the Pine Ridge Indian Reservation deprived the Court of jurisdiction over all parts of the indictment
23-95 Philip Esformes v. United States Eleventh Circuit 2023-08-02 Denied attorney-client-privilege criminal-procedure disqualification forfeiture judicial-fact-finding prejudice prosecutorial-misconduct sixth-amendment Whether a criminal defendant must show actual prejudice to establish a Sixth Amendment violation warranting dismissal of the indictment or disqualific…
23-5220 Amy Jacquelyn Harkins v. Citizens Bank Second Circuit 2023-07-27 Denied IFP administrative-law attorney-client-privilege civil-procedure civil-rights constitutional-law crime-fraud-exception evidence judicial-review legal-procedure professional-responsibility statutory-interpretation whether-a-court-can-compel-a-party-to-disclose-privileged-communications-under-the-crime-fraud-exception
23-5034 Omar Francisco Orduno-Ramirez v. United States Tenth Circuit 2023-07-05 Denied IFP attorney-client-privilege confidential-communications due-process prosecutorial-misconduct sentencing sentencing-phase sixth-amendment structural-error When prosecutors intentionally and without any legitimate law-enforcement justification access confidential attorney-client communications before sent…
22-1215 Darren Thomas Delafield v. Gerard R. Vetter, Acting United States Trustee Fourth Circuit 2023-06-16 Denied attorney-client-privilege bad-faith bankruptcy bankruptcy-sanctions due-process judicial-discretion non-compensatory-punitive-damages professional-conduct sanctions subpoena Did the Bankruptcy Court abuse its discretion by sanctioning Delafield for asserting attorney-client privilege on behalf of his clients?
22-1138 John C. Eastman v. Bennie G. Thompson, in His Official Capacity as Chairman of the United States House Select Committee to Investigate the January 6th Attack on the United States Capitol, et al. Ninth Circuit 2023-05-23 Denied Response Waived appellate-procedure attorney-client-privilege civil-procedure crime-fraud-exception district-court emergency-stay mootness production-order vacatur work-product-doctrine Whether complying with a court order disqualifies a petitioner from the equitable remedy of vacatur
22-7126 Andre Chandler, aka Mac Dre v. United States Second Circuit 2023-03-28 Denied Response WaivedIFP attorney-client-privilege constitutional-rights due-process government-misconduct prejudice sixth-amendment trial-strategy witness-cooperation witness-debriefing Did the government violate Petitioner's Sixth Amendment rights
22-6852 Marvin Charles Gabrion, II v. United States Sixth Circuit 2023-02-23 Denied IFP adverse-witness attorney-client-privilege attorney-representation civil-procedure conflict-of-interest formal-appearance legal-ethics professional-conduct professional-responsibility standing Whether an attorney who provides legal advice to counsel of record without filing a formal appearance in the case can have a conflict of interest if t…
22-749 Andre Dow v. Nevada Nevada 2023-02-09 Denied 6th-amendment attorney-client-privilege counsel-of-choice due-process fair-trial first-amendment prejudice sixth-amendment us-v-gonzalez-lopez Whether Mr. Dow's Sixth Amendment right to counsel of choice was violated
22-6595 Solita Harrington v. MedStar Washington Hospital Center, et al. District of Columbia 2023-01-23 Denied Response WaivedIFP attorney-client-privilege civil-rights constitutional-review criminal-procedure due-process free-speech habeas-corpus ineffective-assistance medical-malpractice ninth-circuit standing state-court Whether the respondents' actions violated the petitioner's constitutional rights under the First and Fourteenth Amendments
22-613 Robert S. Schwartzberg v. Florida Florida 2023-01-04 Denied Response Waived attorney-client-privilege cumulative-error cumulative-error-doctrine ineffective-assistance-of-counsel post-conviction-relief prosecutorial-misconduct strickland-standard strickland-v-washington work-product-doctrine Should a post-conviction court presume prejudice where the prosecutor obtains a defendant's attorney-client and workproduct privileged notes prior to …
22-6433 Ricky Escobedo v. United States Fifth Circuit 2022-12-30 Denied Response WaivedIFP attorney-client-privilege conflict-of-interest fifth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment Violation of attorney-client privilege and right to effective assistance of counsel
22-519 Shawn Rogers Malloy v. Pennsylvania Pennsylvania 2022-12-05 Denied attorney-client-privilege brady-v-maryland brady-violation constitutional-remedy due-process prosecutorial-misconduct right-to-counsel sixth-amendment united-states-v-nobles Does the prosecution's retention of, failure to quarantine, and failure to disclose possession of a criminal defendant's legal strategy notes, prepare…
21-8174 Scott Svoboda v. Ohio Ohio 2022-06-17 Denied IFP attorney-client-privilege attorney-client-relationship confiscation criminal-procedure effective-assistance-of-counsel prosecutorial-misconduct right-to-counsel sixth-amendment trial-strategy Whether a criminal defendant is denied his right to the effective assistance of counsel
21-1568 Austin Roger Carter v. Genesis Alkali LLC, et al. Tenth Circuit 2022-06-16 Denied appeal appeal-procedure attorney-client attorney-client-privilege civil-procedure civil-rights due-process fifth-amendment fourteenth-amendment professional-conduct standing Whether Petitioner's Fifth and Fourteenth Amendments rights were violated
21-7793 Leihinahina Sullivan v. United States District Court for the District of Hawaii Ninth Circuit 2022-05-06 Denied Response WaivedIFP attorney-client-privilege civil-rights constitutional-rights criminal-procedure due-process free-speech grand-jury-procedure pro-se-defendant prosecutorial-misconduct standing subpoena-abuse Question not identified
21-1397 In Re Grand Jury Ninth Circuit 2022-05-02 Judgment Issued Amici (16)Relisted (2) attorney-client-privilege circuit-split civil-procedure communication-protection confidentiality federal-rules-of-evidence legal-advice non-legal-advice professional-communication significant-purpose Whether a communication involving both legal and non-legal advice is protected by attorney-client privilege
21-7669 Thomas Hoey, Jr. v. United States Second Circuit 2022-04-21 Denied Response WaivedIFP attorney-client-privilege civil-rights constitutional-law constitutional-rights criminal-procedure due-process fifth-amendment legal-precedent sixth-amendment Does new precedent need to be set to protect the Fifth and Sixth Amendments, and the attorney-client privilege?
21-1364 Mordechai Korf, et al. v. United States Eleventh Circuit 2022-04-20 Denied Amici (2) attorney-client-privilege civil-procedure department-of-justice filter-team government-attorneys judicial-review search search-and-seizure work-product-protection Whether filter-team procedures like the ones in this case are invalid because they undermine the attorney-client-privilege
21-976 Gregory Thomas Wilson v. Florida Florida 2022-01-06 Denied attorney-client-privilege civil-rights expectation-of-privacy fourth-amendment jail-visitation legal-rights reasonable-expectation-of-privacy sixth-amendment surveillance Whether an attorney has a reasonable expectation of privacy when meeting with clients in the jail attorney visitation room
21-6715 Leihinahina Sullivan v. United States District Court for the District of Hawaii Ninth Circuit 2021-12-23 Denied Response WaivedIFP attorney-client-privilege civil-rights constitutional-rights criminal-procedure due-process federal-investigation psychotherapist-patient-privilege self-representation subpoena-validity Whether a criminal defendant can represent themselves pro se, or does a defendant have to waive their privilege to their attorney-client relationship?
21-6623 Gustav Kloszewski v. United States Second Circuit 2021-12-15 Denied Response WaivedIFP attorney-client-privilege constitutional-rights court-appointed-counsel criminal-procedure fifth-amendment ineffective-assistance-of-counsel sixth-amendment Whether Kloszewski's Fifth and Sixth Amendment rights were violated when court-appointed counsel divulged conversations about other uncharged/unrelate…
21-6023 Dina Elizabeth Guardado v. Eric Aldridge, Warden Virginia 2021-10-20 Denied Response WaivedIFP attorney-client-privilege civil-rights criminal-procedure due-process legal-ethics standing Whether the court-appointed lawyer violated the Rules of Professional Conduct by failing to investigate the allegations and by interfering with the in…
21-5912 Mark Wayne Gray v. Dean Borders, Warden Ninth Circuit 2021-10-07 Denied Response WaivedIFP attorney-client-privilege due-process fifth-amendment fourteenth-amendment self-incrimination sixth-amendment Whether the 5th Amendment (right to be free from self-incrimination) and 6th (denial of assistance of counsel) and 14th amendments were violated
21-5609 Matthew Staszak v. United States, et al. Eighth Circuit 2021-09-08 Denied Response WaivedIFP attorney-client-privilege confidential-communications constitutional-rights due-process fifth-amendment interception legal-interception sixth-amendment Whether petitioner's Fifth and Sixth Amendment rights were deprived and violated when his attorney-client confidential communications were intercepted…
20-1596 Taylor Lohmeyer Law Firm P.L.L.C. v. United States Fifth Circuit 2021-05-17 Denied Amici (1) attorney-client-privilege circuit-split client-identity confidential-communication irs-audit irs-summons john-doe-summons legal-counsel tax-planning Whether the attorney-client privilege protects the identity of a client when the government is aware of the client's confidential communication with l…
20-7692 Donald Violett v. John R. Grise Kentucky 2021-04-08 Denied IFP actual-innocence attorney-client-privilege civil-rights criminal-procedure due-process government-misconduct habeas-corpus state-court-review void-judgment Can a state court convict and incarcerate a petitioner on dismissed and fabricated charges based on new evidence?
20-7529 Brian E. Moore v. United States District of Columbia 2021-03-23 Denied Response WaivedIFP appeal attorney-client-privilege criminal-intent evidence obstruction threats Are mere statements of intent to commit a crime made in the course of an attorney-client representation protected by the attorney-client privilege?
20-7304 Robert Phillip Ivers v. United States Eighth Circuit 2021-03-02 Denied Amici (1)IFP attorney-client-privilege chilling-effect common-law communication-scope confidential-communication eighth-circuit evidentiary-privilege federal-common-law legal-advice legal-profession privileged-communication Whether a confidential attorney-client phone call made for the primary purpose of obtaining legal advice is protected in its entirety by the attorney-…
20-7085 Thomas Hoey, Jr. v. United States Second Circuit 2021-02-08 Denied Response WaivedIFP attorney-client-privilege conflict-of-interest constitutional-rights criminal-procedure due-process harsher-punishment plain-text precedents sentencing-commission sentencing-guidelines Should lower courts interpret sentencing commission provisions to impose harsher punishment?
20-6959 Mason Somers v. Jay Forshey, Warden Sixth Circuit 2021-01-27 Denied Response WaivedIFP attorney-client-privilege constitutional-rights criminal-procedure discovery due-process ineffective-assistance jail-recordings pre-trial-discovery right-to-counsel trial-counsel Whether trial counsel was ineffective for providing discoverable information to his client prior to receiving discovery from the government, resulting…
20-241 Jack Jordan v. Department of Labor District of Columbia 2020-08-28 Denied Response Waived administrative-procedure-act agency-action attorney-client-privilege circuit-court-review foia freedom-of-information-act judicial-review rule-60 summary-judgment Whether district court and circuit court review of agency action under FOIA must comport with the APA
20-5211 Michael Anthony Dobson v. Colin D. Stolle, et al. Fourth Circuit 2020-07-29 Denied Response WaivedRelisted (2)IFP attorney-client-privilege civil-rights constitutional-law constitutional-rights due-process informant-relationship personal-safety prison-administration race-restrictions state-action state-custody Whether the administration of a state prison facility's policy of routinely recording phone calls between prisoners and their attorneys violates the p…
20-5010 Danny Lee Warner, Jr. v. Montana Montana 2020-07-09 Denied Response WaivedIFP attorney-client-privilege due-process evidentiary-hearing eyewitness-identification fourteenth-amendment prosecutorial-misconduct right-to-counsel sixth-amendment Is purposeful intrusion into attorney-client privilege per se prejudicial?
19-1317 Efrain Areizaga v. ADW Corporation Fifth Circuit 2020-05-28 Denied Response Waived access-to-courts attorney-client-privilege constitutional-rights due-process equal-protection hobbs-act mediation-confidentiality retaliation subject-matter-jurisdiction Did the United States court of appeals affirm a decision that exceeds their authority and lacks subject matter jurisdiction
19-7964 Varis R. Aizupitis v. Delaware Delaware 2020-03-11 Denied Response WaivedIFP attorney-client-privilege confidential-materials constitutional-authority criminal-procedure criminal-procedure-defect criminal-process defense-counsel due-process federal-judiciary federal-jurisdiction ineffective-assistance-of-counsel strategic-intentions structural-defect structural-error Whether the release of confidential materials by defense counsel creates a structural defect in a criminal process where the release is contrary to th…
19-1045 Raminder Kaur v. Maryland Maryland 2020-02-24 Denied Response RequestedResponse WaivedRelisted (3) attorney-client-privilege constitutional-rights criminal-defendant criminal-procedure defense-counsel privileged-communications prosecutorial-misconduct sixth-amendment sixth-amendment-right-to-counsel work-product work-product-doctrine Whether the Sixth Amendment prohibits trial of a criminal defendant by prosecutors with extensive knowledge of both her privileged communications with…
19-6814 Issac Efren Jimenez v. California California 2019-12-03 Denied IFP attorney-client-privilege attorney-ethics attorney-representation conflict-of-interest criminal-law criminal-procedure ethics former-client legal-ethics leniency prosecutorial-discretion witness-testimony Whether an attorney in a criminal case may subsequently represent a client who seeks leniency in exchange for testimony in a pending case against that…
19-5691 Roxanne Marie Carpenter v. United States Ninth Circuit 2019-08-23 Denied Response WaivedIFP attorney-client-privilege conspiracy conspiracy-liability criminal-procedure criminal-procedure-rules duress-defense ninth-circuit-rule pinkerton-instruction pinkerton-liability pre-trial-disclosure work-product work-product-doctrine work-product-privilege Whether the Ninth Circuit's Vasquez-Landaver rule requiring pretrial public disclosure of defense strategy contravenes criminal-procedure rules and at…
18-9241 Sealed Appellant v. Sealed Appellee Fifth Circuit 2019-05-13 Denied Response WaivedRelisted (2)IFP attorney-client-privilege attorney-representation civil-rights conflict-of-interest criminal-investigation criminal-procedure cuyler-v-sullivan due-process prosecutorial-ethics right-to-counsel strickland-v-washington structural-error When a lawyer is named as a suspect in the same criminal investigation as his client, should lower courts review the conflict under Cuyler v. Sullivan…
18-1321 Edward Ronald Ates v. Gurbir Grewal, Attorney General of New Jersey, et al. Third Circuit 2019-04-18 Denied Response Waived 4th-amendment attorney-client-privilege civil-rights due-process federalism fourth-amendment interstate-communications jurisdictional-authority law-enforcement-surveillance out-of-state-interception phone-call-interception privacy state-jurisdiction wiretap-statute wiretapping Whether the New Jersey Wiretap Statute violates the Fourth Amendment by permitting law enforcement to intercept phone calls of out-of-state individual…
18-7292 Marco Whitley, Sr. v. United States Eighth Circuit 2019-01-08 Denied Response WaivedIFP attorney-client-privilege attorney-client-relationship crime-of-violence criminal-law due-process eighth-circuit prejudice second-degree-robbery sentencing sixth-amendment violent-crime Did the Eighth Circuit err by holding Missouri's Second Degree Robbery is always considered to necessarily be a crime of violence?
18-7107 Naeem-Lateef Odums v. United States Fourth Circuit 2018-12-19 Denied Response WaivedIFP 5th-amendment-due-process,6th-amendment-right-to-c 5th-amendment-due-process,sentencing-discretion,me 6th-amendment attorney-client-privilege criminal-procedure due-process effective-assistance-of-counsel fifth-amendment ineffective-assistance-of-counsel intentional-deception mental-health-evaluation sentencing sixth-amendment Does it violate the 6th Amendment right to effective-assistance-of-counsel when a defendant's lawyer intentionally-deception
18-6558 Anthony James Merrick v. Arizona Arizona 2018-11-02 Denied IFP appellate-counsel attorney-client-privilege constitutional-rights due-process effective-counsel evidence-exclusion false-testimony ineffective-assistance-of-counsel prosecutorial-misconduct right-to-testify trial-procedure Did the Arizona State Courts err in finding Mr. Merrick was not entitled under the constitution to testify at trial even though he attempted to make a…
18-6406 Daniel Tappen v. Florida Florida 2018-10-23 Denied Response WaivedIFP attorney-client-privilege attorney-client-relationship constitutional-rights criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel law-enforcement right-to-counsel sixth-amendment Whether a defense attorney renders ineffective assistance of counsel
18-269 Alan Mapuatuli, et al. v. Matthew G. Whitaker, Acting Attorney General Ninth Circuit 2018-09-04 Denied attorney-client-privilege attorney-work-product civil-rights confidential-communication confidentiality criminal-procedure due-process federal-inmates prison-litigation-reform-act prosecutorial-misconduct sixth-amendment work-product-doctrine Sixth Amendment right to counsel violated by interception of prison emails with counsel