Legal Opinion
In Re: Gregory Lott
Court of Appeals for the Sixth Circuit
Decided September 9, 2005No. 05-3532PublishedCited by 118 opinions
1Opinion of the CourtMerritt, J., joined by Cole, J.,
BOGGS, C.J. (pp. 456-64), delivered a separate dissenting opinion.
OPINION
MERRITT, Circuit Judge.
Gregory Lott has petitioned this Court for mandamus relief from a discovery order in which the District Court “waived” his attorney-client privilege because he claims actual innocence. There is no case authority holding that a claim of actual innocence “waives” the attorney-client privilege or similar privileges such as the doctor-patient and priest-penitent privilege.
Lott was convicted and sentenced to death for the 1986 murder of John McGrath, an elderly resident of East Cleveland, Ohio. Lott is…
2Cases cited30 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Schlup v. DeloSupreme Court of the United States · 1995
- Murray v. CarrierSupreme Court of the United States · 1986
- Upjohn Co. v. United StatesSupreme Court of the United States · 1981
25 more not listed; retrieve them via the Exa API.
3Cited by118 opinions
- United States v. PinsonCourt of Appeals for the Tenth Circuit · 2009
- In Re Teleglobe Communications Corp.Court of Appeals for the Third Circuit · 2007
- Sanborn v. ParkerCourt of Appeals for the Sixth Circuit · 2010
- In Re Professionals Direct InsuranceCourt of Appeals for the Sixth Circuit · 2009
- In Re Powerhouse Licensing, LLCCourt of Appeals for the Sixth Circuit · 2006
113 more not listed; retrieve them via the Exa API.