James Tippett v. Donald Wyrick, Warden

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 in this particular case the court’s finding of prejudice to the state was not clearly erroneous, we choose to affirm on another ground.

Tippett was convicted in state…