Claim of Ineffective Assistance Waives Attorney-Client Privilege

US v. Pinson, -- F.3d --, 2009 WL 3417706 (10th Cir. 10/26/09) - denial of certificate of appealability on § 2255 claims, including claim that Mr. Pinson's Sixth Amendment rights were violated by district court order that his attorney produce an affidavit regarding claims of ineffective assistance of counsel. The attorney-client privilege is impliedly waived regarding communications related to IAC claims. The waiver should be no broader than needed to ensure the fairness of the proceeding. Any requirement of production of attorney notes, etc. should be carefully tailored to protect Sixth Amendment rights.