Can a defendant bring a notice of appeal to the Court of Appeal claiming that he failed to raise his constitutional claims in the trial court?

California, United States of America


The following excerpt is from People v. Stephenson, C063676 (Cal. App. 2013):

The defendant makes no attempt to argue that his raising of constitutional claims in the trial court was timely. Instead, he argues that his claims are cognizable on appeal for various other reasons. Indeed, the constitutional claims are not timely. Neither were they validly raised at all in the trial court. The trial court had no jurisdiction to consider the constitutional claims because the notice of appeal had been filed. (People v. Wagner (2009) 45 Cal.4th 1039, 1061.)

Other Questions


Can a defendant who fails to object to his or her sentence in the trial court raise a claim against the court on appeal? (California, United States of America)
Can a defendant who fails to object to the imposition of a fee or fine in the trial court raise a claim on appeal? (California, United States of America)
Can a defendant who fails to object to the imposition of a fee or fine in the trial court raise a claim on appeal? (California, United States of America)
Does a defendant have to contend on appeal that the trial court committed error by failing to provide adequate notice of the evidence at trial? (California, United States of America)
Does a criminal defendant who fails to object in the trial court to a finding that there is no evidence of his ability to pay a booking fee forfeited his right to raise the claim on appeal? (California, United States of America)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
Can a defendant bring an appeal to the Court of Appeal against a finding that the trial court wrongfully convicted him of assault? (California, United States of America)
How does the Court treat a claim by a defendant that an issue raised and decided in the trial court resulted in constitutional violations? (California, United States of America)
Does a defendant who failed to raise a section 654 claim at sentencing forfeit the claim on appeal? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.