What is the test for retroactive application of the 2nd Amendment to the Constitution when a judgment is not final?
California, United States of America
The following excerpt is from People v. Bechtel, C076663 (Cal. App. 2017):
Third, the amendment took effect before the judgment is final. For purposes of determining the amendment's retroactive application, a judgment is not final until the time for petitioning the United States Supreme Court for a writ of certiorari has passed. (People v. Vieira (2005) 35 Cal.4th 264, 306.) Obviously, that time has not passed.
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