Immigration
When a state's highest court corrects an erroneous interpretation of its statutory law committed by its lower appellate court, that has affirmed a conviction where the state has failed to prove an essential element of the convicted crime, can the state's 'pipeline' law prevent the application of the correct interpretation to a final case in circumvention of Fiore v. White, 531 U.S. 225 (2001)?
QUESTION(S) PRESENTED _ When a state's highest court corrects an erroneous interpretation of it’s statutory law committed by its lower appellate court, thot has affirmed a Conviction where the state has failed to prove an essential element of the convicted crime, can the state's “pipeline” law prevent the application of the correct interpretation to a final Case in ci¢cumvention of Fiore vy. White, 531 VS. das (2001)? b