Whether the Fourteenth Amendment's guarantee of Equal Protection is violated when a state court conditions the retroactivity of a new rule of criminal law on whether a defendant preserves the error

Whether the Fourteenth Amendment’s guarantee of Equal Protection is violated when a state court conditions the retroactivity of a new rule of criminal law on whether a defendant preserves the error (i.e., the state court mandates the defendant make arguments based on law that did not exist at trial). ii STATEMENT OF