Whether a State Court of last resort has power to destroy a defendant's Constitutional right to trial by jury whose members are selected by non-discriminatory criteria pursuant to a newly declared Constitutional Rule (Batson Rule), made retroactively applicable to all similarly situated state and federal criminal defendants whose cases were not yet final, without providing him notice, and an adequate opportunity to protect his rights?

QUESTION(S) PRESENTED Whether a State Court of last resort has power to destroy a dAendant’s Constitutional vight te trial by yery wohose wien bers are selected bu non~ Aiscerim natory, criteria pursuant to a Mela : declared Conct tutional Rule ( Batson Ruled, made retroacti vel applicable to all similaciy Situated state and federal criminal AcMendants whose Cases Loere not wet inal, without Prot aPGording hin notice, and an adequate Opportun: ty to protect Ww ? Whether & state delendant has a duc process and eqush protection of the laros right te beneBit from the protection of a ntwly declared Constitutional Rule (Batson ule) when his case was Prding an iret Appeal as of Vieht when the Constiturional Rule (Baton Rate) . WAS Announced en ahis Court ? . Whether a State AcPendant that hac timely and properly Filed & Clam oF a Constitutional Batson viclation on adeck oppat ae off wight, have & due process and equal protection of the laws vight +o have his case vemon ed Loc a Batson Euidentiony Wearing 2