Can a new objection and waiver rule be applied retroactively when existing law does not require an objection?

California, United States of America


The following excerpt is from People v. Saunders, 20 Cal.Rptr.2d 638, 5 Cal.4th 580, 853 P.2d 1093 (Cal. 1993):

An objection and waiver rule such as the new rule promulgated by the majority may not be applied retroactively when existing law did not require an objection. In a decision filed only a few weeks ago, this court held that a defendant's failure to challenge the reasonableness of a probation condition constituted a waiver of the claim on appeal. As we pointed out: "Reviewing courts have traditionally excused parties for failing to raise an issue at trial where an objection would have been futile or wholly unsupported by substantive law then in existence. (People v. Turner[853 P.2d 1109]

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