State v. Apolinar

TAYLOR, Presiding Judge.

The petitioner, Apolinar, alias Paul Gonzalez, filed this petition for a writ of mandamus directing the Honorable John Jolly, circuit judge for the thirty-fourth judicial circuit,1 to *1222rescind his ruling that no attorney-client privilege existed between the petitioner and attorney Rebecca Green-Thomason. The petitioner and his wife, Kim Gonzalez, were indicted for murdering their five-year-old daughter, an offense made capital because the victim was under 14 years of age, see § 13A-5-40(a)(15), Code of Alabama 1975.

On November 20, 1993, the petitioner and his wife, Kim…