In Stewart v. Smith, 202 Ariz. 446, 46 P.3d 1067, 1071 (2002), the Arizona Supreme Court addressed the following certified question from the United States Supreme Court: "Does the question whether an asserted claim was of 'sufficient constitutional magnitude' to require a knowing, voluntary and intelligent waiver for purposes of Rule 32.2(a)(3) depend upon the merits of the particular claim or merely upon the particular right alleged to have been violated?"2 202 Ariz. 446,1, 46 P.3d at 1068. The Arizona Supreme Court determined that whether a claim was of sufficient constitutional magnitude to require knowing waiver "does not depend upon the merits of the particular ground. It depends merely upon the particular right alleged to have been violated." Id.10.