Epstein Secrets

ncy apply with double force. See, e.g., Duncan v. Walker, 533 U.S. 167, 174 (2001). The "legal disability

e generally, Roman Catholic Bishop of Oakland v. Superior Court, 28 Cal.Rptr.3d 355, at 360, citing Kansas v. Hen

at homeowners' voluntary disclosure of information to their next-door-neighbor's relatives would waive a claim of privilege in confidential matter); Walker v. River City Logistics, Inc., 14 So. 3d 1122, 1123 (Fla. 1st DCA 2009) (holding that voluntary disclosure of allegedly privileged documents waived

tive waiver of work-product protection where materials were disclosed to the government, despite confidentiality agreement); McKesson HBOC, Inc. v. Superior Court, 9 Cal. Rptr. 3d 812, 819 (Cal. Ct. App. 2004) (rejecting selective waiver of attorney-client privilege and work-product protection where materials

Entered on FLSD Docket 03/05:2010 Page 21 of 36 Jane Doe v. Epstein Case No. 08-CV-80893-Marra-Johnson Page 21 double force. See, e.g., Duncan v. Walker, 533 U.S. 167, 174 (2001). The "legal disability" language in § 2255(b) should be interpreted to reference classic legal disabilities like insanity

ute is to impose punishment that is criminal in nature, the ex post facto clause is implicated." See generally, Roman Catholic Bishop of Oakland v. Superior Court, 28 Cal.Rptr.3d 355, at 360, citing Kansas v. Hendricks, 521 U.S. 346, 360.61 (1997). The effect of applying the 2006 version of §2255 would be to t

771 (a) (emphasis added). 8! U.S. Const. amend. V; see also U.S. Const. amend. XIV (due process right in state proceedings). 82 See, e.g., Duncan v. Walker, 533 U.S. 167, 174 (2001) (quoting United States v. Menasche, 348 U.S. 528, 538-39 (1955)). 83 See, e.g., Babbit v. Sweet Home Chapter of Comtys. fo

government has no obligation to obtain for a defendant records that it does not already have in its possession or control"); State ex rel. Romley v. Superior Court, 836 P.2d 445, 452 (Ariz. Ct. App. 1992) ("Brady emphasizes suppression of evidence by the prosecution, but does not require the victim to cooperate