California, United States of America
The following excerpt is from People v. Barnes, G046721 (Cal. App. 2014):
The Attorney General asserts the issue was forfeited by noncompliance with Evidence Code section 354, subdivision (a). Evidence Code section 354, subdivision (c) generally preserves for appeal an issue of whether the trial court erred in excluding evidence where it "was sought by questions asked on cross-examination." Nonetheless, while "counsel ordinarily need not make an offer of proof in order to challenge on appeal the trial court's ruling sustaining an objection to a question asked on cross-examination[,] . . . [t]his rule . . . does not apply . . . when it is clear the trial court has overlooked the question's probable relevance . . . ." (People v. Allen (1986) 42 Cal.3d 1222, 1270, fn. 31; see also People v. Fauber (1992) 2 Cal.4th 792, 854.) That is the situation here and defense counsel failed to explain the relevance of this line of questioning.
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