Does the Attorney General have the authority to compel a defendant to raise any complaint below on appeal?

California, United States of America


The following excerpt is from People v. Stitely, 108 P.3d 182, 26 Cal.Rptr.3d 1, 35 Cal.4th 514 (Cal. 2005):

Based on these facts, and as a threshold matter, it appears the defense had ample opportunity to object to the manner in which the trial court conducted group voir dire under applicable statutory law, and to propose individual sequestered voir dire as a solution to any perceived problems. Thus, as the Attorney General maintains, defendant's failure to raise any such complaint below forfeits the issue on appeal. (People v. Vieira (2005) 35 Cal.4th 264, 287-288, 25 Cal.Rptr.3d 337, 106 P.3d 990.)

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