· 3/13/2002
United States of America, Plaintiff-Appellee-Cross-Appellant v. Curtis R. Martin, Jr., Defendant-Appellant-Cross-Appellee
Citations
- 278 F.3d 988
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the party asserting the attorney-client privilege bears the burden of demonstrating each element
- recognizing that a party asserting privilege must “establish all the elements of the privilege,” including that it has not been waived
- noting that “the communication must be between the client and lawyer for the purpose of obtaining legal advice”
- stating the burden of proving whether the privilege exists rests on the party asserting the privilege
- finding prior convictions both similar to the offense of conviction and serious, and affirming one-level upward departure
- describing the required standard under the 5 credit-as-true doctrine, one element of which is that the record be fully developed
Source: CourtListener parenthetical corpus (CC0).
Judges: Canby, Graber, Paez
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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