Does a plaintiff waive attorney-client privilege in a claim of ineffective counsel?

^6. Having put his counsel's performance at issue by claiming that he received ineffective assistance in the state courts at trial and on appeal, petitioner has waived his attorney-client privilege. See Bittaker v. Woodford, 331 F.3d 715, 716 (9th Cir. 2003) (en banc) ("It has long been the rule in federal courts that, where a habeas petitioner raises a claim of ineffective assistance of counsel, he waives the attorney-client privilege as to all communications with his allegedly ineffective lawyer.")

^7. Any or all of these alleged omissions on the part of defense counsel may have been valid strategic decisions. See Claybourne v. Lewis, 64 F.3d 1373, 1383 (9th Cir. 1995) ("[R]easonably competent counsel might have had many valid reasons for failing to object to the form of opposing counsel's questions or interrupt opposing counsel during opening and closing statements."). The record before the state courts as well that before this court does not contain an affidavit from trial counsel explaining his decisions not to pose the objections, which petitioner now claims should have been made, in relation to his trial strategy.