What is the test for retroactivity for a judgment in a personal injury case?
California, United States of America
The following excerpt is from People v. Shyne, E069315 (Cal. App. 2018):
The judgment in this case is not yet final. (People v. Vieira (2005) 35 Cal.4th 264, 305-306 [a judgment is final for retroactivity purposes when all direct appeals have been exhausted and a petition for writ of certiorari in the United States Supreme Court has been denied or the time for filing such a petition has been exhausted.].)
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