HERRINGTON v. DOTSON

No. 22-6272.

99 F.4th 705 (2024)

Donald HERRINGTON, Plaintiff-Appellant, v. Chadwick DOTSON, Director of the Department of Corrections, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 30, 2024.


Attorney(s) appearing for the Case

ARGUED: Madeline Killen , Nikolai Morse , UNIVERSITY OF VIRGINIA SCHOOL OF LAW, Charlottesville, Virginia, for Appellant. Craig Stallard , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. ON BRIEF: J. Scott Ballenger , Catherine E. Stetson , Appellate Litigation Clinic, UNIVERSITY OF VIRGINIA SCHOOL OF LAW, Charlottesville, Virginia, for Appellant. Jason S. Miyares , Attorney General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

Affirmed in part, reversed in part, and remanded with instructions by published opinion. Judge Agee wrote the opinion in which Judge Niemeyer and Judge Thacker joined.


Donald Herrington brought a 28 U.S.C. § 2254 habeas petition challenging his state criminal convictions. He argued (1) that the state trial court violated his Sixth Amendment right to counsel and (2) that his appellate counsel was ineffective for failing to bring two meritorious arguments on direct appeal, a Sixth Amendment...

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