Has the Petitioner's Fifth, Eighth and Fourteenth Amendment Constitutional Rights been violated when the Courts of West Virginia refused to grant credit for time served when Petitioner was placed on Home Incarceration pre-trial with the exact same restrictions as any Home Incarceration post-trial and pre-appeal?

QUESTION(S) PRESENTED 1. Has the Petitioner’s Fifth, Eighth and Fourteenth Amendment Constitutional Rights been violated when the Courts of West Virginia refused to grant credit for time served when Petitioner was placed on Home Incarceration pre-trial with the exact same restrictions as any Home Incarceration post-trial and pre-appeal? 2. Is it a violation of the United States Constitution not to give credit for time served when Petitioner was placed on Home Incarceration pre-trial with the exact same restrictions as any Home Incarceration post-trial and pre-appeal? 3. Did the Petitioner suffer a Constitutional violation under the Double Jeopardy and Equal Protection Clauses when the Court stated that pre-trial (conviction) Home Incarceration was not penal in nature although it carries the exact same restrictions as Home Incarceration post-trial and before sentencing which would be given credit for the posttrial Home Incarceration? 4. Was the West Virginia Supreme Court wrong in their decision that Home Incarceration . with the exact same restrictions pre-trial as Home Incarceration post-trial is not penal when West Virginia Code § 62-11B-5 does not stipulate pre-trial or post-trial Home ; Incarceration restrictions? /