In what circumstances will a capital defendant be denied the equal protection of the laws or any other constitutional right?

[The statutory scheme does not deny capital defendants the equal protection of the laws or any other constitutional right insofar as it does not contain disparate sentence review (i.e., comparative or intercase proportionality review)]; People v. Manriquez (2005) 37 Cal.4th 547, 590

[36 Cal.Rptr.3d 340, 123 P.3d 614]

[ capital and noncapital defendants are not similarly situated and therefore may be treated differently without violating constitutional guarantees of equal protection of the laws or due process of law] ) ( People v. Abilez, supra, 41 Cal.4th at pp. 534535, 61 Cal.Rptr.3d 526, 161 P.3d 58);

In failing to comply with International Norms of Humanity and Decency ( People v. Abilez, supra, 41 Cal.4th at p. 535, 61 Cal.Rptr.3d 526, 161 P.3d 58); and