Can the Attorney General argue that all claims of instructional error have been forfeited on appeal?
California, United States of America
The following excerpt is from People v. Murphy, F069891 (Cal. App. 2016):
The Attorney General rightfully contends that all claims of instructional error have been forfeited. Failure to object to a jury instruction forfeits the claim on appeal. (People v. Virgil (2011) 51 Cal.4th 1210, 1260.) In his reply brief, appellant cites to authorities that address circumstances under which an appellate court may consider forfeited claims on their merits, apparently inviting us to exercise such discretion in this instance. We decline to do so.
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