TIPPETT v. WYRICK

No. 81-2383.

680 F.2d 52 (1982)

James TIPPETT, Appellant, v. Donald WYRICK, Warden, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 14, 1982.


Attorney(s) appearing for the Case

Ralph M. Friederich, argued, Peper, Martin, Jensen, Maichel & Hetlage, St. Louis, Mo., for appellant.

John Ashcroft, Atty. Gen., Nancy Kelley Baker, Jay D. Haden, argued, Asst. Attys. Gen., Jefferson City, Mo., for appellee.

Before LAY, Chief Judge, HEANEY, Circuit Judge, and BECKER, Senior District Judge.


PER CURIAM.

James Tippett appeals from the district court's denial of his petition for writ of habeas corpus. Tippett challenges the validity of a 1968 Missouri conviction that was used to enhance his sentence for a 1977 Missouri conviction. The district court concluded that the petition should be dismissed under rule 9(a)1 on the ground that the state was prejudiced by Tippett's delay in challenging the 1968 conviction. Although we hold...

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