State of West Virginia ex rel. Warren D. Franklin, Appellant v. Thomas McBride

Summary

The court affirmed the denial of Franklin's habeas petition, rejecting his claims that the State knowingly used false testimony, that the trial court was required to give an accomplice-testimony instruction, that due process required an appeal as of right, and that administrative segregation violated double jeopardy. The court held that Franklin offered only conclusory allegations of perjury, that no accomplice testified and no instruction was requested, that West Virginia's discretionary appellate-review process satisfies due process, and that prison discipline is civil rather than criminal. No separate opinions were filed.