California, United States of America
The following excerpt is from People v. Johnson, 211 Cal.Rptr.3d 425, 6 Cal.App.5th 505 (Cal. App. 2016):
5 Defendant raised no objection to the form or content of the jury instruction as given in the trial court, and has not raised any such argument on appeal. Nevertheless, we may address on appeal an issue that would otherwise be forfeited for lack of objection, to forestall the need to address it, framed as ineffective assistance of counsel claim, on a petition for writ of habeas. (See People v. Williams (2000) 78 Cal.App.4th 1118, 1126, 93 Cal.Rptr.2d 356.) The parties have each submitted supplemental briefing on the issue.
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