Does a defendant who fails to object on federal constitutional grounds at trial have the right to seek a motion for a mistrial?

California, United States of America


The following excerpt is from People v. Rodriguez, F074250 (Cal. App. 2020):

We question whether this issue was even preserved for appellate review. (See People v. Burgener (2003) 29 Cal.4th 833, 886 [failure to object on federal constitutional grounds at trial results in forfeiture].) If defendants believed they had suffered incurable prejudice, it was incumbent upon them to move for a mistrial. "[A] defendant who receives a curative admonition, but who makes no other objection and seeks no other action, may not complain on appeal." (People v. Chatman (2006) 38 Cal.4th 344, 368.) An appellant "may not argue that the court should have granted a mistrial he did not request" (ibid.), which is essentially what is happening here. Assuming, arguendo, the claim was not forfeited, we conclude the incident was harmless.

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