Can a defendant argue on appeal that evidence should have been excluded for a reason not asserted at trial?

California, United States of America


The following excerpt is from People v. Watson, B232509 (Cal. App. 2013):

Although a defendant generally may not argue on appeal that evidence should have been excluded for a reason not asserted at trial, a defendant may argue that the "asserted error in overruling the trial objection had the legal consequence of violating due process." (People v. Partida (2005) 37 Cal.4th 428, 431.) Therefore, the People concede that, to the extent, the admission of inadmissible hearsay had the legal consequence of violating defendant's due process rights, we may consider that constitutional claim.

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