In what circumstances will the Attorney General find that defendant waived the right to have a supplemental brief arguing that the death qualification process is unconstitutional?

California, United States of America

The following excerpt is from People v. Howard, 118 Cal.Rptr.3d 678, 243 P.3d 972, 51 Cal.4th 15 (Cal. 2011):

In a supplemental brief, defendant argues that the process used in California for "death qualification" of jurors is unconstitutional.⁴ The Attorney General notes, correctly, that defendant waived this claim by failing to raise it in the trial court. ( People v. Jennings (2010) 50 Cal.4th 616, 687-688, 114 Cal.Rptr.3d 133, 237 P.3d 474 ( Jennings ).) Had the arguments been preserved, they would fail. We have rejected them in previous cases, and do so again here. Thus:

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