Second Circuit· 12/8/2008

Carrion v. Smith

Citations

549 F.3d 583
2008 U.S. App. LEXIS 24647
2008 WL 5120120

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

noting that a petitioner must defense “’opens the door’ on the issue in question”
discussing Fed. R. Evid. 406 and affirming district court reliance on testimony of “established practice” in making findings of fact
stating that it will not find error in the district court's findings after a de novo review of a magistrate judge's report and recommendation simply because the court disagreed with the magistrate judge's conclusion when the disagreement was not based on credibility findings
“[T]he burden rests on the accused to demonstrate a constitutional violation.” (alteration in original) (quoting United States v. Cronic, 466 U.S. 648, 658 (1984))
“A defendant claiming ineffective assistance must ... demonstrate that his counsel’s performance fell below an objective standard of reasonableness in light of prevailing professional norms.... ” (internal quotation and punctuation marks omitted)
court could rely on attorney’s testimony about “established practice” given the passage of time; notes that evidence of habit permissible under the Federal Rules of Evidence

Source: CourtListener parenthetical corpus (CC0).

Judges: Leval, Katzmann, Livingston

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Cited by

26 cases in this archive cite this case; the 20 most cited are listed.

Cites

15 cases in this archive are cited by this case.

Other cases named Carrion v. Smith

2 other CourtListener records share this case name.

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