What is the appropriate appellate protocol for appellate counsel to follow when: (i) the Supreme Court has issued a new constitutional ruling affecting Fourth amendment jurisprudence that breaks with the past, (ii) the case is not yet final, and (iii) the new constitutional ruling overturns the factual and legal findings of the appellate division's previous ruling?

QUESTION PRESENTED FOR REVIEW Qt. What is the appropriate appellate protocol for appellate counsel to follow when: (i) the Supreme Court has issued a new constitutional ruling affecting Fourth amendment jurisprudence that breaks with the past, (ii) the case is not yet final, and (iii) the new constitutional ruling overturns the factual and legal findings of the appellate division’s previous ruling? Q2. Was Appellate counsel ineffective for failing to initiate the ; appropriate appellate protocols to have the newly minted Carpenter holdings applied to the facts of my case? : Q3. In denying my application to vacate its prior decision, did : the Fourth Department violate the Supreme Court’s directive in Griffith v. Kentucky, 479 U.S. 314, 322, 328 : (1987), for all of its subordinate court’s to apply “a new . . —tule —for-the~ conduct—ofcriminal prosecutions 2-0 : retroactively to all cases, state or federal, pending on direct review or not yet final . . . ” (id.)? 2 ;