By raising this claim in Wynn's postconviction petition Wynn waived his attorney-client privilege concerning this issue. As we stated in Ex parte Lewis, 36 So.3d 72 (Ala.Crim.App.2008) : ‘‘We join the majority of other jurisdictions that have addressed this issue and hold that when a petitioner raises a claim of ineffective assistance of counsel in a postconviction proceeding he waives the attorney-client privilege ‘only with respect to matters relevant to his allegations of ineffective assistance of counsel.’ State v. Taylor, 327 N.C. [147] at 152, 393 S.E.2d [801] at 805 [ (1990) ]." 36 So.3d at 78 (footnote omitted)
The circuit court did not abuse its discretion in denying the request for a subpoena duces tecum directed to the Mobile County District Attorney's Office." State v. Lewis, 36 So. 3d 72, 80 (Ala. Crim. App. 2008).
See, e.g., In re Gray, 123 Cal.App.3d 614, 176 Cal.Rptr. 721 (1981) (stating there is no attorney-client privilege in a habeas corpus proceeding); State v. Kruchten, 101 Ariz. 186, 417 P.2d 510 (Ariz.1966) (finding that a party waived his privilege by asserting in a postconviction proceeding that his counsel was incompetent); Everett v. Everett, 319 Mich. 475, 29 N.W.2d 919 (Mich.1947) (finding the former attorney's affidavit disclosing certain confidential communications to be admissible following the client's motion for new trial on the ground that plaintiff's former counsel was incompetent); Ex parte Lewis, 36 So.3d 72 (Ala.Crim.App.2008) (finding a claim of ineffective assistance of counsel in the postconviction proceeding waived the attorney-client privilege as to matters relevant to his allegations of ineffective assistance of trial counsel); State v. Walen, 563 N.W.2d 742 (Minn.1997) (finding that a defendant who claims ineffective assistance of counsel necessarily waives the attorney-client privilege as to all communications relevant to that issue). E