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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.