James Irvin Tyree v. J.D. White, Warden, and the Attorney General of the State of Alabama

James Irvin Tyree, an Alabama prisoner, appeals from the district court’s denial of his petition for habeas corpus. Appellant petitioner was convicted of attempting to obtain a controlled substance by a forged prescription and sentenced as a habitual offender to 25 years imprisonment and fined $25,000. He attacks his conviction and sentence on five grounds: (1) the trial court erroneously admitted evidence of a prior misdemeanor drug conviction; (2) his sentence exceeded the maximum allowed by law; (3) his statutory speedy trial rights were violated; (4) the court’s jury instructions shifted…