Ex Parte Zimlich

The petitioner, Wayne Zimlich, filed this petition for a writ of mandamus requesting that we direct the Honorable Robert Kendall,1 circuit judge for the Thirteenth Judicial Circuit, to dismiss the indictment against him. In June 1998, the Grand Jury for Mobile County indicted Zimlich for perjury.2 Zimlich moved to dismiss the indictment, alleging that the indictment was filed outside the statutory limitations period and/or that it was void because it failed to allege that the false statements he allegedly made were material, an element of first-degree perjury. In December 1998, Judge Galanos…