Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process?
California, United States of America
The following excerpt is from People v. Hargis, Consolidated Cases No. F067352, Consolidated Cases No. F068398, F067598 (Cal. App. 2016):
To the extent defendants argue the trial court's denial of their motion had the legal consequence of violating due process, we further reject the Attorney General's assertion defendants' due process claims were forfeited on appeal by failure to argue them in the trial court. (See People v. Partida (2005) 37 Cal.4th 428, 431.)
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