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IN RE LOTT

No. 05-3532.

424 F.3d 446 (2005)

In re: Gregory LOTT, Petitioner.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 9, 2005.

Attorney(s) appearing for the Case

ON BRIEF: Gregory W. Meyers, Robert K. Lowe, Melissa J. Callais, Public Defender's Office, Ohio Public Defender Commission, Columbus, Ohio, for Petitioner. David A. Singleton, Prison Reform Advocacy Center, Cincinnati, Ohio, Marc R. Kadish, Mayer, Brown, Rowe & Maw, Chicago, Illinois, Jeffrey M. Gamso, American Civil Liberties Union of Ohio Foundation, Cleveland, Ohio, Eugene P. Whetzel, Ohio State Bar Association, Columbus, Ohio, Jason A. Macke, Ohio Association of Criminal Defense Lawyers, Columbus, Ohio, for Amici Curiae.

Before: BOGGS, Chief Judge; MERRITT and COLE, Circuit Judges.

MERRITT, J., delivered the opinion of the court, in which COLE, J., joined. 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...

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