Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Pursuant to the foregoing motion, and good cause appearing: THE COURT FINDS that defendant Neil Rusty Bond has waived his attorney-client v. Neil Rusty Bond, ORDER Defendant. United States of America, Plaintiff, CR-03-974-PHX-DGC CV-08-77-PHX-DGC (CRP) UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

16 privilege concerning his representation by trial counsel Timothy P. Holtzen and appellate 17 counsel Anders V. Rosenquist, by filing a Motion Pursuant to 28 U.S.C. § 2255, claiming 18 ineffective assistance of counsel. 19 IT IS ORDERED that the clerk of the court shall permit government counsel to review 20 and copy any ex parte motions filed by attorneys Holtzen or Rosen quist in this case or the 21 appeal case, C.A. No. 06-10205, and authorizing the court reporters to produce at government 22 expense the transcripts of ex parte hearings or discussions involving attorney Holtzen and the 23 District Judge Rosalyn O. Silver or District Judge David G. Campbell, and those ex parte matters 24 are unsealed for use in this litigation in accordance with the following terms of this Order; 25 IT IS FURTHER ORDERED permitting attorneys Holtzen and Rosenquist to discuss 26 with, and produce to government counsel in this case information, documents, and tangible 27 objects (the "information") pertinent or responsive to the claims made by defendant in this 28 proceeding, and testify as witnesses , provided:

Case 2:03-cr-00974-DGC

Document 306-2

Filed 07/08/2008

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1. The government shall limit its use of the information to litigation of the claims raised

2 in defendant's Motion, and shall not disclose the information to any other persons or agencies 3 other than in the course of its litigation of the claims in defendant's Motion without an order 4 from this Court permitting such disclosure; 5 2. The government shall not use any such information obtained thereby (or any

6 information obtained directly or indirectly from such information) in any future proceeding, 7 including any possible retrial, except further litigation concerning the claims raised in 8 defendant's Motion. 9 3. This order shall continue in effect after the conclusion of the litigation of the claims

10 made in defendant's Motion and specifically shall apply in the event of a retrial of all or any 11 portion of defendant's criminal case 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Dated this _________ day of _______________________________, 2008.

Case 2:03-cr-00974-DGC

Document 306-2

Filed 07/08/2008

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