Does the Attorney General's claim that defendant forfeited the issue of confrontation clause by failing to object on confrontation clause grounds in the trial court?

California, United States of America


The following excerpt is from People v. Hernandez, B276313 (Cal. App. 2017):

10. The Attorney General argues defendant forfeited this issue by failing to object on confrontation clause grounds in the trial court. Any objection would likely have been futile because the trial court was bound to follow pre-Sanchez decisions holding expert "basis" evidence does not violate the confrontation clause. (See, e.g., People v. Hill (2011) 191 Cal.App.4th 1104, 1128-1131.) We will therefore address the merits of this claim.

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