Can defense counsel argue that defense counsel failed to object to the foregoing procedure or request that written instructions be provided to the jury?

California, United States of America


The following excerpt is from People v. Danielson, 13 Cal.Rptr.2d 1, 3 Cal.4th 691, 838 P.2d 729 (Cal. 1992):

Defense counsel failed to object to the foregoing procedure or request that written instructions be provided. Accordingly, the People contend defendant cannot raise the point on appeal. (See People v. Chagolla (1983) 144 Cal.App.3d 422, 432-433, 193 Cal.Rptr. 711.) Defendant responds that by reason of the court's announcement of its "preference," a request or objection would have been futile. We disagree. Assuming the court's statement to the jury amounted to a ruling, no reason appears why defendant should be excused from objecting thereto.

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