Is a defendant's failure to renew his motion for a new trial a waiver of an issue on appeal?

California, United States of America


The following excerpt is from The People v. Peterson, B217407, No. GA071758 (Cal. App. 2010):

At the outset, we dispose of an argument that respondent briefly makes: defendant has forfeited his claim of error. It is true that in some instances the failure to renew a motion may constitute a waiver of an issue on appeal. (See People v. Davenport (1995) 11 Cal.4th 1171, 1195.) Here, respondent argues, the trial court offered defendant the opportunity to renew the motion if counsel had additional information in support of the admissibility of evidence of defendant's mental state. Defendant failed to do so until his motion for new trial, and by then, says respondent, it was too late.

Other Questions


What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
Can a motion for a new trial be appealed from the order denying defendant's motion for new trial? (California, United States of America)
Is a defendant's failure to object on appeal cognizable because the issue is not cognizable on appeal because trial counsel rendered ineffective assistance by failing to object? (California, United States of America)
Does a defendant's failure to join in a motion or objection constitute a waiver of the issue on appeal? (California, United States of America)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
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)
Can a defendant obtain a new trial on the grounds that the trial court did not abuse its discretion to deny the motion on the same grounds as the previous motion? (California, United States of America)
Does a deputy district attorney acquiesce in having the motion heard during the trial of a defendant before trial, rather than prior to trial? (California, United States of America)
Does a denial of a motion for a new trial on appeal affect the fairness of the motion on appeal? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.