What is the test for establishing a "new constitutional rule of criminal procedure" in the context of habeas corpus?

Because this case does not come to us on direct appeal from a federal conviction but on an appeal from the denial of habeas corpus to state prisoners, we are required to consider whether the argument pressed by appellants, if accepted, would establish a new constitutional rule of criminal procedure. Teague v. Lane, 489 U.S. 288, 299, 109 S.Ct. 1060, 1069, 103 L.Ed.2d 334 (1989). If such a holding would create a new rule, then we may not reach the merits of appellants' argument because new rules may not be applied or announced in a habeas corpus proceeding. ² Id. at 310, 109 S.Ct. at 1075; Sawyer v. Smith, 497 U.S. 227, 110 S.Ct. 2822, 2831, 111 L.Ed.2d 193 (1990).

New Rules