Does a defendant waive the privilege of attorney-client communications if he brings his own notes to the witness box to make his own case?

California, United States of America


The following excerpt is from People v. Gray, C062668, Super. Ct. No. 08F8637 (Cal. App. 2011):

A person "who exposes any significant part of a communication in making his own case waives the privilege with respect to the communication's contents bearing on discovery, as well." (Samuels v. Mix (1999) 22 Cal.4th 1, 20-21, fn. 5; see also 912, subd. (a); People v. Barnett (1998) 17 Cal.4th 1044, 1124.) By bringing the notes to the witness stand and using them to refresh his memory, defendant made their contents fair game for examination and inquiry. Such conduct is inconsistent with an intent to preserve them as confidential attorney-client communications.

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