Does a defendant's failure to object to the manner in which a trial court conducts voir dire forfeits any claim of error on appeal?

California, United States of America


The following excerpt is from People v. Toledo, B251833 (Cal. App. 2016):

A defendant's failure to object to the manner in which a trial court conducts voir dire forfeits any claim of error on appeal. (People v. Cunningham (2015) 61 Cal.4th 609, 635 [failure to raise claim of statutory error in the trial court forfeits the claim on appeal]; People v. Tully (2012) 54 Cal.4th 952, 996.) Here, appellants failed to object to the trial court's remarks during voir dire, and therefore forfeited any claim that the remarks resulted in an unfair trial.

Appellants acknowledge they failed to object, but urge us to reach the merits of their claims pursuant to People v. Abbaszadeh (2003) 106 Cal.App.4th 642, which held failure to object during voir dire may be excused where an objection would have been futile or the trial court effectively ordered that prospective jurors violate their oath to tell the truth or the error was such as would affect the defendant's substantial rights. (Id. at p. 649; see Pen. Code, 1469 [an appellate court may "review any instruction given, refused or modified, even though no objection was made thereto in the trial court"].) Appellants argue objection here would have been futile because the trial judge informed jurors he always made the same remarks as a matter of routine to prospective jurors. The argument is without merit.

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