Frank J. Billotti v. Carl Legursky, Warden

OPINION

WILKINSON, Circuit Judge:

Frank Billotti was found guilty of first-degree murder by a West Virginia jury. The jury declined to make a recommendation of “mercy,” and the trial court accordingly imposed a sentence of life without possibility of parole. In this petition for habeas corpus, Billotti claims, among other things, that West Virginia’s system of discretionary appeals and lack of standards for jury recommendations of mercy have deprived him of due process. We believe, however, that West Virginia’s procedures comport with the requirements of due process and thus affirm the district…