Is retroactive application permissible for new rules of criminal procedure?

Retroactive application for new rules of criminal procedure is only permissible for "watershed rules." Shriro, 542 U.S. at 351-52. "A rule is viewed as a watershed rule if it is necessary to prevent an impermissibly large risk of an inaccurate conviction and if it alters our understanding of the bedrock procedural elements essential to the fairness of the proceeding." Whorton v. Bockting, 549 U.S. 406, 418 (2007) (internal quotations and citations omitted). A new procedural rule must be "fundamental" in more than an abstract

Page 10