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