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U.S. v. SUAREZ

No. 85-5143.

820 F.2d 1158 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Richard SUAREZ, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 2, 1987.

Attorney(s) appearing for the Case

Stanley Jay Bartel, Miami, Fla., for defendant-appellant.

Stanley Marcus, U.S. Atty., Mayra R. Lichter, Andrea M. Simonton, Emalyn D. Gazitua, Sonia O'Donnell, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before VANCE, and ANDERSON, Circuit Judges, and WISDOM, Senior Circuit Judge.

ANDERSON, Circuit Judge:

On this appeal, we address the question whether the attorney-client privilege can be resurrected at trial after the attorney has testified at a pretrial evidentiary hearing with his former client's consent and pursuant to an express waiver. We conclude, upon the facts presented here, that the privilege had been waived and thus there was no error in allowing the attorney to testify at trial.

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