Whether a substantive change to a criminal offense must apply retroactively to a defendant on direct review when the change abolishes the offense for the same reasons the defendant originally challenged it

Roberto Lopez -Ortiz is serving life in prison for an offense that no longer exist s. He fully preserve d his challenge to second -degree felony -murder at trial and, while his direct appeal was pending, the state supreme court abolish ed that offense for the same reasons that he asserted . Consistent with due process, must this substantive change to the offense apply to him on direct review ? ii PETITION FOR WRIT OF CERTIORARI Petitioner Roberto Lopez -Ortiz respectfully prays that this Court issue a writ of certiorari to review the judgment below. LIST OF ALL PARTIES The caption of the case contains the names of all the parties. LIST OF PROCEEDINGS Supreme Court of the United States: Lopez -Ortiz v. Massachusetts , No. 25A220 (August 26, 2025) (granting extension of time to file petition) Supreme Judicial Court of Massachusetts: Commonwealth v. Lopez -Ortiz , No. FAR -30230 ( July 25 , 2025) ( denial of motion to reconsider den ial of further appellate review) Commonwealth v. Lopez -Ortiz , No. FAR -30230 (June 6, 2025) (further appellate review denied) Massachusetts Appeals Court: Commonwealth v. Lopez -Ortiz , No. 2023 -P-0295 (February 12, 2025) (conviction affirmed) Superior Court for Middlesex County: Commonwealth v. Lopez -Ortiz , No. 1481CR00430 (June 23, 2020) ( renewed motion to reduce verdict denied) Commonwealth v. Lopez -Ortiz , No. 1481CR00430 (May 4, 2017) (mo tion to reduce verdict denied) Commonwealth v. Lopez -Ortiz , No. 1481CR00430 (March 22, 2017) (sentencing) Commonwealth v. Lopez -Ortiz , No. 1481CR00430 (June 23, 2020) (jury verdict)