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Virginia Prisoner Wins Habeas Release on Ineffective Assistance of Counsel Claim
Loaded on Oct. 15, 2023
by Douglas Ankney
published in Prison Legal News
October, 2023, page 36
Filed under:
Release and Reentry,
Habeas Corpus,
Ineffective Assistance of Counsel.
Location:
Virginia.
by Douglas Ankney
There was good news and bad news for former Virginia prisoner Jeramiah Chamberlain on December 22, 2021. That’s when the U.S. Court of Appeals for the Fourth Circuit affirmed dismissal of his suit against officials with the state Department of Corrections (DOC), alleging they failed …
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More from this issue:
- Breaking the Cycle of Understaffing, Lockdowns and Increased Violence in Prisons, by David Reutter
- From the Editor, by Paul Wright
- Wexford Faces Liability for Indiana Prisoner’s Delayed Specialist Referral, by David Reutter
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, by Mark Wilson
- Convicted Sex Offender Now a Licensed Attorney in Washington State
- $110,000 Paid By Tennessee Jail to Women Allegedly Forced to Stage “Sex Shows” for Guard
- Unable to Post Bail, Detainee Starves to Death in Arkansas Jail, by David Reutter
- $1 Million Settlement for California Prisoners Used to Bait Guard Charged with Sexual Misconduct
- $30,000 Paid by Pennsylvania to Prisoner Who Alleged Guards Beat and Tortured Him, by Douglas Ankney
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, by Mark Wilson
- Louisiana Prison Guard Helps Pregnant Prisoner and Learns That No Good Deed Goes Unpunished
- Number Held in U.S. Prisons and Jails Dipped in Pandemic’s Second Year, by Douglas Ankney
- 46 Honduran Prisoners Massacred in Their Cells
- $1.25 Million Settlement for California Jail Prisoner’s Loss of Limbs, by David Reutter
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, by Mark Wilson
- COVID-19 Increased Racial Disparities in Prisons and Jails
- Court Orders Preliminary Injunctive Relief for Transgender Massachusetts Prisoners, by Douglas Ankney
- Guantanamo Bay Detainees Subjected to Forced Rectal Feeding and Hydration, by Eike Blohm, MD
- Wrongly Imprisoned for Killing Oregon Prison Director, Frank Gable Finally Fully Freed
- Naphcare’s Lack of Care Leads to $26.75 Million Verdict for Washington Jail Death
- $2,060,000 Awarded to Former New York Prisoner Left Quadriplegic After Assault by Guards, by Douglas Ankney
- Ex-felons on Parole and Probation Now Allowed to Vote in Minnesota
- How Corporations Turned Prison Tablets Into a Predatory Scheme, by Tommaso Bardelli, Ruqaiyah Zarook, Derick McCarthy
- The Almost Unknown Turkey Bowl and Black Sheep, by Douglas Ankney
- Report Finds Prison a Factor in Falling U.S. Life Expectancy
- Third Prisoner Dies in 2023 at California’s New Folsom Prison
- Virginia Prisoner Wins Habeas Release on Ineffective Assistance of Counsel Claim, by Douglas Ankney
- Settlement Reached Over COVID-19 Measures, Home Confinement Releases at FCC Lompoc
- New York Jailhouse Lawyer Wins Resentencing, Release, by Benjamin Tschirhart
- CoreCivic Fails to Defeat California’s Anti-SLAPP Law at Ninth Circuit, Must Pay $45,630 in Attorney Fees
- Colorado One of Four States Making Phone Calls Free for Prisoners
- Sixth Circuit Revives Blind Tennessee Prisoner’s Suit Against DOC and CoreCivic
- $1.85 Million Approved for Tampa Man Wrongfully Imprisoned for 37 Years
- Suit Against Pennsylvania Jail and Controversial Trainer Down to Just Two Plaintiffs
- Almost $1.1 Million Awarded to One-Legged Pretrial Detainee Forced to Hop to California Jail Cell, by David Reutter
- Florida Solitary Confinement Lawsuit Dismissed, by David Reutter
- Former BOP Guard Gets Light Sentence for COVID-19 Fraud, by Douglas Ankney
- Academics Find Prisoners Denied Access to Public Information, by Matthew Clarke
- Citing Improvements at Mississippi State Prison at Parchman, Rappers Drop Suit, by Douglas Ankney
- Settlement Includes $78,000 in Damages Against Minnesota DOC for ADA Violations
- 400 Prisoners Relocated After Fire at Texas State Penitentiary
- Texas Death Row Prisoners Challenge Blanket Policy of Automatic Solitary Confinement, by Douglas Ankney
- Colorado Lawmakers Shut Down Sheriff’s Participation in ICE 287(g) Program
- JPay Denied Motion to Compel Arbitration in Suit Over Debit Release Cards
- Prisoner Health Update: Hemorrhoids, by Eike Blohm, MD
- Despite Prior Settlement Agreement, Sick Michigan Prisoners Still Forced to Wait for Medication in Cold and Rain, by Douglas Ankney
- Nearly 5,000 Sexual Victimizations Counted in Three Years in U.S. Prisons and Jails, by Douglas Ankney
- $3.25 Million Settlement Reached With Defendants Jailed in Missouri “Debtor’s Prison” for Unpaid Fines, Fees, by Matthew Clarke
- $2.125 Million Paid So Far for Virginia Prisoner’s Death from Treatable Aneurism, by Matthew Clarke
- San Francisco Jail First in Nation to Provide Detainees Tablets With Totally Free Content
- Utah Prisoner Blows Whistle on Abuse of Federal Grants, Leading to $1.55 Million Settlement – And New Law Restricting Prisoner Records Requests
- News in Brief
More from Douglas Ankney:
- The Dramatic Increase in the Elderly Prison Population Is Fiscally and Morally Irresponsible, Oct. 1, 2026
- Second Circuit Affirms Denial of Qualified Immunity but Clarifies that 14th Amendment ‘Objective Reasonableness’ Is Standard of Review for Pretrial Detainee’s Claim of Sexual Abuse, Oct. 1, 2026
- California Supreme Court Announces Totality-of-Circumstances Framework Focused on Defendant’s Subjective Understanding Under § 1473.7(a)(1), Holding Immigration Consequences Advisement Is Relevant but Not Dispositive, Oct. 1, 2026
- Idaho Supreme Court Holds Conflicting Affidavits About Plea Acceptance Require Evidentiary Hearing on Ineffective-Assistance Claim, Oct. 1, 2026
- Tenth Circuit Vacates Award of Costs to Prison Officials, Revives Prisoner’s Claim Alleging Denial of Access to Functioning Toilets and Exposure to Other Prisoners’ Feces, Oct. 1, 2026
- Second Circuit Vacates Above-Guidelines Firearm-Trafficking Sentence Based on Failure to Assist Law Enforcement and Unexplained Reliance on Factors Already Included in Guidelines Range, Sept. 1, 2026
- Ninth Circuit Reverses Convictions, Holding Requirement That Defendant Testify Before Displaying Hand Tattoos Violates Fifth Amendment, Sept. 1, 2026
- Ohio Supreme Court Announces Postconviction DNA-Testing Orders Need Only Identify Statutory Reason to Satisfy R.C. 2953.73(D) “Reasons” Requirement, Sept. 1, 2026
- Federal Court Upholds Consultants’ Finding that Oklahoma Is Not Honoring Its Consent Decree to Provide Mental Health Treatment, Sept. 1, 2026
- Idaho Legislature Moves to Hide Execution Protocol from Judicial Scrutiny, Sept. 1, 2026
More from these topics:
- Report Finds State Prison Systems Fail to Provide Adequate Assistance to Obtain Release Documentation, Oct. 1, 2026. Rehabilitation/Recidivism, Release and Reentry, jobs.
- Ninth Circuit Holds Martinez May Excuse Nevada’s Timeliness and Successive-Petition Bars for Trial Ineffective Assistance Claims, Oct. 1, 2026. Ineffective Assistance of Counsel, Cause and Prejudice, Counsel - Right to, Statutes of Limitation and Laches.
- Federal Habeas Quick Reference Guide for State Prisoners, Sept. 1, 2026. Retroactivity, Habeas Corpus, AEDPA, Actual Innocence/Claim of Innocence, Cause and Prejudice.
- Sixth Circuit Holds Kentucky Deficient-Counsel Belated-Appeal Procedure Tolls Federal Habeas One-Year Limitations Period, Sept. 1, 2026. Limitations, Habeas Corpus, AEDPA, Failure to Preserve Challenge, Tolling of Statutes of Limitations and Laches.
- Formally Available, Rarely Granted: A State Prisoner’s Guide to Federal Habeas Relief, Sept. 1, 2026. Administrative Exhaustion, Habeas Corpus, Bureau of Prisons Orders, Administrative Law/Remedies, Evidence - Integrity/Reliability of, Tolling of Statutes of Limitations and Laches, Federal Rules of Evidence, Statute of Limitations.
- Eleventh Circuit Holds § 2255 Motion Not “Second or Successive” After Intervening Amended Judgment Corrected Unlawful Sentences, Even as to Claims Concerning an Undisturbed Count, Aug. 1, 2026. Habeas Corpus, AEDPA, Effect of Vacatur.
- Eighth Circuit Dismisses Federal Prisoner’s Challenge to BOP Denying His Request for Expedited Transfer to Prerelease Custody, June 1, 2026. Release and Reentry, Habeas Corpus, First Step Act, Community Confinement/Home Detention, Credits.
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026. Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant.
- SCOTUS Sides with Federal Prisoner in Habeas Review Case, March 1, 2026. Habeas Corpus, AEDPA, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Predicate Acts/Offenses.
- SCOTUS Announces Federal Prisoners May Seek Certiorari Review of Authorization Denials Under § 2255(h) and Are Not Subject to § 2244(b)(1)’s Bar on Previously Presented Claims, Feb. 1, 2026. Habeas Corpus, AEDPA, Appealable Issues/Orders, Statutory Construction/Interpretation, Authority and Jurisdiction.

