Can a criminal defendant waive his right to raise the same issue in a subsequent appeal?

California, United States of America


The following excerpt is from People v. Ramirez, G050499 (Cal. App. 2015):

In People v. Senior (1995) 33 Cal.App.4th 531, 533, 538, it was explained that, "when a criminal defendant could have raised an issue in a previous appeal but did not do so, the defendant may be deemed to have waived the right to raise the issue in a subsequent appeal" "when (1) the issue was ripe for decision by the appellate court at the time of the previous appeal; (2) there has been no significant change in the underlying facts or applicable law; and (3) the defendant has offered no reasonable justification for the delay." There are, of course, exceptions to this rule, but they are very limited, and none has ever been applied to a case where defendant has already had two appeals.

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