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Failure to recommend favorable plea offer ineffective assistance with prejudice

By John Wesley Hall, Jr.

Failure to pass on a favorable plea offer with a recommendation that it be taken was ineffective assistance. The petitioner had a civil case pending because he had been shot by the police. Carrion v. Smith, --- F.Supp.2d ----, 2008 WL 495312 (S.D. N.Y. February 22, 2008): D. Ineffective Assistance Under the Circumstances Presented The instant case is quite similar to that considered in Boria v. Keane. 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.FN89 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...continue to full post

Full post as published by Law Of Criminal Defense on March 01, 2008 (boomark / email).