Whether the Fourteenth Amendment's guarantee of Equal Protection is violated when a state court conditions the retroactivity of a new rule of criminal law on whether a defendant preserves the error (i.e., the state court mandates the defendant make arguments based on law that did not exist at trial).

Whether the Fourteenth Amendment's guarantee of Equal Protection is violated when a state court conditions the retroactivity of a new rule of criminal law on whether a defendant preserves the error