BAILEY, J.
Before trial, the State added Jason Wingler, an inmate at the Morgan County Jail, as a witness and expected Wingler to testify that Skinner made statements to him while in jail that would be contrary to Skinner’s self-defense claim. As a result, Skinner’s counsel filed a Verified Motion to Withdraw / Alternative Motion to Exclude Witness because he had learned of information materially adverse to Wingler in his prior representation of Wingler. The trial court granted the motion to withdraw and appointed new counsel for Skinner.
Skinner, through new counsel, filed a Memorandum in Support of Request to Compel Exculpatory Evidence from Counsel of State’s Witness. Skinner sought to compel his prior counsel to provide the alleged evidence that would impeach Wingler’s credibility. After an in camera hearing with the prior counsel, the trial court denied Skinner’s request finding that no exception to the attorney-client privilege applied and Wingler had not waived the privilege. This interlocutory appeal ensued.
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Here, the paramount interest in non-disclosure is the attorney-client privilege as the information sought is that which the prior defense counsel acquired during his representation of Wingler. The prior defense counsel noted in his motion to withdraw that the “learned information . . . would be materially adverse to Wingler should he be called as a witness.” Appendix at 19. Further coloring the type of information held, the motion also noted that “[a]n attorney has been disciplined, for example, where he attempted to impeach the credibility of a witness by using confidential client information . . ., precisely what would be happening here should Wingler testify.” App. at 20.
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. . . [W]hile the information may be relevant and material to impeach Wingler, Skinner has access to other information that would be available for this purpose. First, Wingler has a criminal record including crimes of dishonesty. Second, Wingler made it quite clear, even in a letter to the judge assigned to Skinner’s case, that in exchange for his testimony he is “asking for a guaranteed sentence modification” for two of his current criminal sentences. App. at 111.
Based on the relevance of the material, its availability from other sources, and the nature and importance of any interests invaded, we conclude that the information sought is not discoverable due to the protection provided by the attorney-client privilege. Therefore, the trial court did not abuse its discretion in denying Skinner’s request to compel discovery of the information.
BAKER, C. J., and ROBB, J., concur.