i am wondering whether anyone knows of articles or cases that address whether state courts are required by article VI to consider on the merits cases that rely on new rules, in either the criminal or civil context. it seems to me that a state could refuse to entertain such actions, under testa, by taking the position that the constitutional value of finality is a sufficient state interest, but i am wondering whether this (or any related) argument has been addressed in cases or scholarship.
-- d.dow
