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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


Certiorari denied · November 4, 2024
Pre-decision estimate: 4% cert probability

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

  1. 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 β€œthe 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.” Von Moltke v. Gillies, 332 U.S. 708, 721-24 (1948) (plurality op.).

  2. 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

  1. Nov 04 2024
    Petition DENIED.
  2. Oct 09 2024
    DISTRIBUTED for Conference of 11/1/2024.
  3. Oct 04 2024
    Waiver of right of respondent Chadwick Dotson to respond filed.
  4. Sep 03 2024
    Petition for a writ of certiorari filed. (Response due October 16, 2024)