537 F. Supp. 2d 518 - Carrion v. Smith’s Empirical Analysis

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Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Other than Kulcsar’s lukewarm endorsement that the proffered plea bargain was a “good offer,” he did nothing to persuade his client to take what was obviously a very beneficial deal. Moreover, Kulcsar was aware, and so informed Justice Snyder, that the events responsible for causing his client’s paralysis was an impediment to his client taking the plea because his client believed that these events established a defense to all of the charges he was facing. But Kulcsar made no efforts to explore this area with his client in order to dispel his belief that the shooting established a viable defense to the charges against him. Finally, Kulcsar must have been aware that the People had an open and shut case against his client, at least with respect to the drug possession charge, which carried a mandatory minimum fifteen year penalty. In sum, only a constitutionally deficient attorney would have failed to vigorously advise his client to take the plea. Under these circumstances, I find that Kulcsar’s representation fell below the requirement for constitutionally effective assistance of counsel. 25”

   1 later decision quote this exact passage · from the majority
   e.g. 644 F. Supp. 2d 452 - Carrion v. Smith

2. “In sum, having found both inadequate representation and prejudice, the inevitable conclusion is that the state-court decision rejecting Carrion's ineffective assistance of counsel claim constitutes an unreasonable application of federal law.”). 20 . See Carrion v. Smith, 549 F.3d 583 (2d Cir.2008). Familiarity with this Opinion is also assumed. 21 . Id. at 590 . 22 . See id. (”

   1 later decision quote this exact passage · from the majority
   e.g. 644 F. Supp. 2d 452 - Carrion v. Smith

3. “Given these assertions, coupled with the significant sentencing disparity, I find there to be sufficient objective evidence to support the conclusion that there is a reasonable probability that Carrion would have accepted the plea offer, if properly counseled by Kulcsar.”). 28 . Id. at 533 . 29 . See 12/14/01 Order of the Honorable Leslie Crocker Snyder (”

   1 later decision quote this exact passage · from the majority
   e.g. 644 F. Supp. 2d 452 - Carrion v. Smith