State ex rel. Richard R. McMannis v. Richard Mohn, Acting Superintendent, West Virginia Penitentiary as successor to…

Summary

In an original habeas corpus proceeding, the court held that the relator's life sentence under the recidivist statute was void under State v. McMannis because the State failed to prove each penitentiary offense was committed after each preceding conviction and sentence, but the underlying second degree sexual assault sentence remained valid, so the relator was not entitled to discharge. The court held that while a criminal defendant has a due process right not to be forced to trial in identifiable prison attire, the error was harmless where the offense was prison-related and no timely objection was made. The court refused to extend Estelle v. Williams to defense witnesses, holding there is no constitutional right to have witnesses appear in civilian attire or free of physical restraints, and that such ordinary trial error is not reachable in habeas corpus.