Note:
Linda Broocks, Waiver of Constitutional Rights: Defendant’s Failure to Object to the Exclusion of Death-Scrupled Jurors, Whom the State May Now Examine According to a Statutory Standard Instead of the Constitutional Standard, Waives Witherspoon Rights, 55 TEXAS L. REV. 929 (1977).
 

Abstract:
In Boulware v. State the Texas Court of Criminal Appeals held that a defendant who fails to object to the improper exclusion of a venire member waives that right and cannot raise it on appeal; additionally, the trial court did not abuse its discretion by applying the state statutory standard in place of the accepted constitutional standard for excluding jurors with moral scruples against the death penalty. Broocks argues that the court should reconsider this dangerous trend in reviewing death penalty cases.