Did the Supreme Court of Appeals of West Virginia violate clearly established federal law and petitioner's Fourteenth Amendment rights when it failed to apply a new law which existed prior to petitioner's final decision on direct appeal?

QUESTION(S) PRESENTED DID THE SUPREME COURT OF APPEALS OF WEST VIRGINIA VIOLATE CLEARLY ESTABLISHED FEDERAL LAW AND PETITIONER'S FOURTEENTH AMENDMENT RIGHTS WHEN IT FAILED TO APPLY A NEW LAW WHICH EXISTED PRIOR TO PETITIONER'S FINAL DECISION ON DIRECT APPEAL?