No. 19-6401

Anthony Viola v. United States District Court for the Eastern District of New York

Lower Court: Second Circuit
Docketed: 2019-10-25
Status: Dismissed
Type: IFP
Response WaivedIFP
Tags: appellate-procedure arkansas-v-sullivan civil-rights constitutional-ruling court-of-appeals due-process error-correction ineffective-assistance ineffective-assistance-of-counsel judicial-review lower-court-decision statutory-interpretation supreme-court-precedent
Latest Conference: 2019-11-22
Question Presented (AI Summary)

Whether Title 28 U.S.C. § 2106 gives the court of appeals error correction power to set aside or reverse a lower court's decision that is clearly inconsistent with a constitutional ruling of the Supreme Court

Question Presented (from Petition)

Question Presented : 1. Title 28 U.S.C. § 2106 Gives The Court of Appeals Error Correction Power. Under § 2106, Error Correction Becomes An Exercise of The Court's Statutory Power To Set Aside or Reverse "As May Be Just Under The Circumstances," Any Judgment of : ; A. Court Lawfully Brought Before It. As . : : Such: a. The May 16, 2019 Order of The Court of Appeals For The Second Circuit Which Denied Correction of A "Palpably Clear" Error Of Constitutional Ruling, i.e., Massaro v. United States, 538 U.S. 500 (2003), Render By This : Court on Establishing Ineffective : Assistance of Counsel; b. The Lower Court's Necision Is Clearly Inconsistent With A Con: stitutional Ruling of The Supreme. ’ Court In Light of Arkansas v. Sullivan, 121 S.Ct. 1876, 1878 (2001). i.

Docket Entries

2019-11-25
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2019-11-07
DISTRIBUTED for Conference of 11/22/2019.
2019-11-01
Waiver of right of respondent United States to respond filed.
2019-10-11
Application (19A402) granted by Justice Ginsburg extending the time to file until December 13, 2019.
2019-10-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 25, 2019)
2019-09-30
Application (19A402) to extend the time to file a petition for a writ of certiorari from November 13, 2019 to December 13, 2019, submitted to Justice Ginsburg.

Attorneys

Anthony Viola
Anthony Viola — Petitioner
Anthony Viola — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent