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UNITED STATES v. DYER

No. 83-3249.

722 F.2d 174 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. T. Windle DYER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 27, 1983.

Attorney(s) appearing for the Case

Fawer, Brian, Hardy & Zatzkis, Michael S. Fawer, Cindy M. Harris, New Orleans, La., for defendant-appellant.

Alan Ellis, Philadelphia, Pa., for Amicus-Nat'l. Assoc. Crim. Lawyers.

John P. Volz, U.S. Atty., Marilyn Gainey Barnes, Harry W. McSherry, Robert J. Boitmann, Asst. U.S. Attys., New Orleans, La., for plaintiff-appellee.

Before GARZA, WILLIAMS and HIGGINBOTHAM, Circuit Judges.

HIGGINBOTHAM, Circuit Judge:

I

Attorneys Stephen Dwyer and Arthur Lemann, III, were subpoenaed by a New Orleans Grand Jury to testify concerning conversations with their client, T. Windle Dyer. Dyer claims that the subpoenas should be quashed because the conversations are protected under the attorney-client privilege. The district court after an evidentiary hearing rejected Dyer's claim of attorney-client privilege pointing to the crime or fraud "exception...

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