Ex Parte Wyre, Jr., Cr-10-0773 (ala.crim.app. 5-27-2011)

The petitioner, Leo Wyre, Jr., filed this petition for a writ of mandamus requesting that we direct Judge Robert Wilters to grant Wyre’s in forma pauperis request so that he may file a postconviction petition in the Baldwin Circuit Court without prepaying the filing fee. In January 2011, Wyre filed a petition for postconviction relief pursuant to Rule 32, Ala. R.Crim. P., in the Baldwin Circuit Court attacking his 2009 convictions for trafficking in cocaine, possessing marijuana, and possessing drug paraphernalia. The petition was accompanied by a request to proceed in forma pauperis (“IFP”).…