Does a defendant waive privilege by not asserting privilege on cross-examination?

California, United States of America


The following excerpt is from People v. Tellez, C077915 (Cal. App. 2019):

But, the cases defendant cites do not help defendant here, because he waived any privilege by failing to assert the privilege when he testified on cross-examination that his lawyer had transmitted the prosecution's file to him. The privilege is waived if the holder discloses the communication or consents to disclosure without coercion, and consent to disclosure is manifested by any statement or other conduct of the holder of the privilege indicating consent to the disclosure, including failure to claim the privilege in any proceeding in which the holder has legal standing and opportunity to claim the privilege. (Evid. Code, 912; Hiott v. Superior Court (1993) 16 Cal.App.4th 712, 719-720 [client waived privilege by consenting to disclosure of videotaped conversation between client and attorney and by failing to claim privilege when she had legal standing and opportunity to do so].)

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