DueProcess
Does the Fourteenth Amendment place an obligation on the New York Court of Appeals to address a federal constitutional question when its prior precedent binds its lower courts but conflicts with clearly established federal constitutional law?
QUESTIONS PRESENTED Does the Fourteenth Amendment place an obligation on the New York Court of Appeals to address a federal constitutional question when its prior precedent ‘ bind its lower courts but conflicts with clearly established federal constitutional . law? ‘ Can a state court use a remedial direct appeal, ordered to cure appellate counsel's ineffectiveness, as a vehicle to substantively change state law without violating the spirit of the Sixth Amendment’s Counsel Clause, the Fourteenth Amendment’s Due Process Clause, and Strickland v. Washington's directive? . i