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

California, United States of America


The following excerpt is from People v. Zamora, A130618 (Cal. App. 2013):

20. "A defendant may not argue on appeal that the court should have excluded the evidence for a reason not asserted at trial." (People v. Partida (2005) 37 Cal.4th 428, 431.) Here, the objections to "leading" and "argumentative" questions, and the objection on no stated ground at all, did not lay the groundwork for an appellate argument claiming error in admitting improper lay opinion with the effect of violating due process. Ordinarily, defendants' appellate claims would be barred, but we have the discretion to entertain claims that would otherwise be deemed forfeited. (People v. Williams (1998) 17 Cal.4th 148, 161-162, fn. 6.) In the interest ofjudicial economy, and to forestall potential further claims of ineffective assistance, we will do so here.

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