How has the lying-in-wait special circumstance been interpreted by the courts?

⁴ Because Bradway was sentenced to life without the possibility of parole, rather than death, his constitutional challenge to the lying-in-wait special circumstance arose as a void-for-vagueness claim under the due process clause. (Bradway, supra, 105 Cal.App.4th at p. 309, 129 Cal.Rptr.2d 324.) However, his vagueness challenge echoed the "specialized concept of vagueness most clearly defined by the [United States] Supreme Court in dealing with Eighth Amendment challenges to death penalties." (Bradway v. Cate (9th Cir.2009) 588 F.3d 990, 991.)