Does a defendant have to rely on a rule regarding prejudice at trial?
California, United States of America
The following excerpt is from People v. Rices, 226 Cal.Rptr.3d 118, 4 Cal.5th 49, 406 P.3d 788 (Cal. 2017):
People v. Mills, supra, 48 Cal.4th at p. 187, 106 Cal.Rptr.3d 153, 226 P.3d 276.) But cognizability is not the issue; we have found this claim cognizable. A defendant does not rely at trial on a rule regarding prejudice. Accordingly, we can fairly apply the Yeoman holding to this case.
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