Does a defendant have to make a claim that the use of a styrofoam head violates a plaintiff's constitutional right to sue for damages?

California, United States of America


The following excerpt is from People v. Jackson, 13 Cal.4th 1164, 56 Cal.Rptr.2d 49, 920 P.2d 1254 (Cal. 1996):

8 Defendant claims that the use of the styrofoam head violated several federal and state constitutional rights. Because defendant failed to make these objections at trial, they are waived. (People v. Benson, supra, 52 Cal.3d at pp. 786-787, fn. 7, 276 Cal.Rptr. 827, 802 P.2d 330.) Moreover, his claims are nothing more than a redesignation of his assertion that the prejudicial effect of using the model head and probe exceeded its probative value, which we reject.

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