Did the Lower Court(s) Err in refusing to grant retroactive application to Fishback v. Commonwealth?

QUESTION(S) PRESENTED 1. Did the Lower Court(s) Err in refusing to grant retroactive application to Fishback v. Commonwealth? 2. Did the Virginia Supreme Court Err in holding the Pro Se Petitioner to a procedural standard inconsistent with Estelle v. Gamble? 3. Did the Lower Court(s) Deprive of Petitioner his right to Due Process, Equal Protection under the Laws in violation of Amendment Fourteen to the U.S. Constitution? 4. Did the Lower Court(s) Deprive Petitioner of his right to Trial by Fair and Impartial Jury? 5. Did the Lower Court(s) Deprive Petitioner of his rights under the Sixth Amendment? 6. Did the Lower Court(s) subject Petitioner to Cruel and Unusual Punishment in Violation of Amendment Eight to the U.S. Constitution? 7. Did the Lower Court(s) refusal to Charge the jury with the current state of the law constitute a “Structural Defect” in the Trial Mechanism? And did that structural defect in the trial mechanism deprive the Petitioner of Fundamental 6 , Fairness, Due Process, Equal Protection, and the rights guaranteed under the Sixth Amendment for a fair trial? 8. Did the Lower Court(s) violate the “Ex Posto Facto Clause?” 9. Did the Trial Court err in refusing to charge the jury with the current state of the law when the jury asked for instruction on the matter? 10. Was Petitioner subjected to Ineffective Assistance of Counsel both actual and constructive at the trial and post conviction stages?