Fenderson v. USA
| Tereze L. Fenderson |
| USA |
| 3:2019cv01025 |
| September 19, 2019 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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| Document Text |
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| Filing 7 NOTICE of Appearance by Karelia S. Rajagopal on behalf of USA (Rajagopal, Karelia) |
Filing 6
ORDER: Petitioner filed his (Doc. #5 ) Opposition re Motion for Extension of Time to File Response/Reply, which the Court previously ruled on (Doc. 4). The Court has considered Petitioner's arguments regarding the affidavits and the Court stands by its ruling. The Petitioner's Opposition to the Motion (Doc. #5 ) is DENIED as moot. Signed by Chief Judge Nancy J. Rosenstengel on 11/8/2019.(anb2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 Petitioner's Opposition re #3 MOTION for Extension of Time to File Response/Reply filed by Tereze L. Fenderson. (trb) |
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Filing 4
ORDER GRANTING #3 Motion for Extension of Time to File Response/Reply by USA. The United States moves for an order from the Court authorizing Fenderson's former attorneys, David Brengle and Daniel Juengel, to provide affidavits addressing Fenderson's ineffective assistance of counsel claims against them. Many federal circuit courts have held, and this Court FINDS, that where a habeas petitioner raises a claim of ineffective assistance of counsel, he implicitly waives the attorney-client privilege as to the communications between the petitioner and his prior defense counsel that are at issue in the habeas proceeding. See United States v. Pinson, 584 F.3d 972, 977-78 (10th Cir. 2009); see also In re Lott, F. App'x 658 (6th Cir. 2005); see also Bittaker v. Woodford, 331 F.3d 715, 716-17 (9th Cir. 2003); see also Johnson v. Alabama, 256 F.3d 1156, 1178 (11th Cir. 2001); see also Tasby v. United States, 504 F.2d 332, 336 (8th Cir. 1974); see also Laughner v. United States, 373 F.2d 326, 327 (5th Cir. 1967). The Court DIRECTS former attorneys, David Brengle and Daniel Juengel to provide affidavits. Additionally, the Government's response is now due on or before December 27, 2019. Petitioner may file a reply brief (no longer than 5 pages) on or before January 10, 2020. Signed by Chief Judge Nancy J. Rosenstengel on 10/24/2019. (anb2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 MOTION for Extension of Time to File Response/Reply by USA. (Fischer, Amanda) |
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Filing 2
ORDER setting Deadlines as to (Doc. 1) MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Petitioner Tereze L. Fenderson: A review of the Court's docket reveals Petitioner's pending pro se motion to vacate, set aside, or correct his sentence under 28 U.S.C. 2255. The 2255 petition survives preliminary review under Rule 4 and the USA is DIRECTED to respond to the petition on or before October 28, 2019. Petitioner may file a reply brief (no longer than 5 pages) on or before November 18, 2019. If review of the briefs indicates that an evidentiary hearing is warranted, the Court will immediately set the hearing by separate notice. Signed by Chief Judge Nancy J. Rosenstengel on 9/26/2019. (jmp2)
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| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Tereze L. Fenderson. (Attachments: #1 Letter to AUSA)(jaj) |
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| Respondent: USA | |
| Represented By: | Amanda M. Fischer |
| Represented By: | Karelia S. Rajagopal |
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| Petitioner: Tereze L. Fenderson | |
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