Can appellant rely on the futility exception to the forfeiture rule?

California, United States of America


The following excerpt is from People v. Daniels, F064237 (Cal. App. 2014):

Appellant's reliance on the futility exception to the forfeiture rule is unavailing. The record affirmatively shows that the trial judge carefully listened to all legal points raised by counsel and gave them ample opportunity to articulate their objections. Nothing in the record indicates that if appellant had objected on confrontation clause grounds, the trial judge would not have considered the issue and ruled on it in an appropriate and even-handed manner. (People v. Blacksher (2011) 52 Cal.4th 769, 823.)

2. The related ineffective assistance claim fails for lack of prejudice.

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