United States v. Robert Lee Griffin

Robert Lee Griffin appeals the district court’s order requiring a special master to deliver to the government redacted letters written by Griffin to Pamela Griffin, who is both his wife and his attorney, while Griffin was incarcerated in California state prison. The letters were seized during a search of Pamela Griffin’s residence pursuant to a valid search warrant. A special master redacted those portions of the letters protected by the attorney-client privilege and the work-product doctrine. The district court ordered that the redacted letters be turned over to the prosecution.

Griffin moved in the district court to prevent the special master from turning over the redacted letters, contending that they are protected marital communications. After the district court denied the motion, Griffin brought an interlocutory appeal in this court. He contends that we have jurisdiction to review the district court’s order on several bases, including the collateral order doctrine and the so-called Perlman rule. We hold that we have jurisdiction, and we affirm.

I. Background

Robert Lee Griffin has been indicted in federal district court on one count of conspiracy to conduct and participate…