EXCEPTION TO WAIVER WHEN CAUSE IS SHOWN FOR FAILURE TO OBJECT TO JURY COMPOSITION

Although the accused had failed to object to the composition of the juries that had indicted, convicted and sentenced him to death, he did not waive same. A district attorney’s memorandum which was designed to result in under-representation of blacks and women on the master jury list was concealed by county officials and was only discovered by an attorney involved in civil litigation attacking the jury selection system thus demonstrating the unavailability of the memo to the accused. Amades v. Zant, 486 US 214, 108 S.Ct. 1771, 100 L.Ed.2d 249 (1988).

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