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Donald Herrington v. Chadwick Dotson, Director, Virginia Department of Corrections
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 22-6272 · judgment April 30, 2024
Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and counsel who has filed here before, and down for a state or local-government respondent.
Questions presented
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Whether the Fourth Circuit erred by holding, in conflict with other circuits and a plurality opinion of this Court, that a criminal defendant can validly waive his or her right to counsel without being informed (at least) of βthe nature of the charges, the statutory offenses included within them, the range of allowable punishments thereunder, possible defenses to the charges and circumstances in mitigation thereof, and all other facts essential to a broad understanding of the whole matter.β Von Moltke v. Gillies, 332 U.S. 708, 721-24 (1948) (plurality op.).
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Whether the Fourth Circuit erred, in conflict with decisions of other circuits, by holding that Petitioner was not entitled to relief on the basis of a conflict between his Fifth and Sixth Amendment rights.
Counsel of record
For petitioner
J. Scott Ballenger
Appellate Litigation Clinic
For respondent
Erika Lauren Maley
Virginia Office of the Attorney General
Case
Conference history
Distributed for 1 conference
Proceedings
- Nov 04 2024Petition DENIED.
- Oct 09 2024DISTRIBUTED for Conference of 11/1/2024.
- Oct 04 2024Waiver of right of respondent Chadwick Dotson to respond filed.
- Sep 03 2024Petition for a writ of certiorari filed. (Response due October 16, 2024)