Can a motion to suppress identification evidence be heard after a mistrial has been declared?

California, United States of America


The following excerpt is from People v. Vardanyan, B239964 (Cal. App. 2014):

As an initial matter, we reject the People's contention that appellant has forfeited his challenge to the denial of his motion to suppress the identification evidence because his second attorney failed to renew appellant's motion after the declaration of a mistrial. The People cite to People v. Clark (1990) 50 Cal.3d 583, 623-624 for the proposition that "While it may not be necessary to renew an objection already overruled in the same trial [citation], absent a ruling or stipulation that objections and rulings will be deemed renewed and made in a later trial [citation], the failure to object bars consideration of the

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