MARK HAMMELMAN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 1st DCA | 2005-07-14
No. 1D05-2044
BROWNING, POLSTON and HAWKES, JJ., concur.
907 So. 2d 577 Florida District Court of Appeal, First District (2005) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The petition alleging ineffective assistance of appellate counsel is denied on the merits.

BROWNING, POLSTON and HAWKES, JJ., concur.


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  • …here do not dictate that it must be found. Waiver for failure to file a privilege log should not apply where assertion of the privilege is not document-specific, but category specific and the category itself is plainly protected. See Matlack v. Day, 907 So. 2d 577 (Fla. 5th DCA 2005) (Griffin, J., specially concurring). Here, the claimed privilege applies to all findings and opinions of an expert retained by counsel in anticipation of litigation and who is not going to testify at trial. This is clearly a cat…

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