Is the forfeiture rule applicable to claims of federal and state constitutional error?

California, United States of America


The following excerpt is from People v. Daniels, F064237 (Cal. App. 2014):

No procedural principle is more familiar than the forfeiture rule. A judgment shall not be reversed for an evidentiary error unless a timely objection was interposed on the same ground that is asserted on appeal. (Evid. Code, 353, subd. (a).) The contemporaneous objection rule applies to claims of state and federal constitutional error. (People v. Daniels (2009) 176 Cal.App.4th 304, 320, fn. 10.) The objection requirement is necessary because a contrary rule "would deprive the People of the opportunity to cure the defect at trial and would 'permit the defendant to gamble on an acquittal at his trial secure in the knowledge that a conviction would be reversed on appeal.' [Citation.]" (People v. Rogers (1978) 21 Cal.3d 542, 548.)

Other Questions


Is a claim of federal constitutional error sufficient to invalidate a defendant's claim of state law error? (California, United States of America)
Does a federal decision construing a state forfeiture statute apply the same weight and authority as it applies to a federal forfeiture statute? (California, United States of America)
In what circumstances will a federal equal protection claim be successful against a state constitutional claim? (California, United States of America)
Can a federal prosecutor be found to have violated the federal and state constitutions in their conduct at trial? (California, United States of America)
What is the current state of the law on the application of federal constitutional standards in the context of courtroom security in a criminal case? (California, United States of America)
Does the erroneous admission into evidence of an involuntary confession constitute a federal constitutional error? (California, United States of America)
Is a federal court's failure to instruct the jury on an element of a sentence enhancement provision a federal constitutional error? (California, United States of America)
Is a new federal constitutional rule for the conduct of criminal prosecutions, like that of the Payne case, to apply retroactively to all cases, state or federal? (California, United States of America)
What is the current state of the law on the forfeiture of a claim of error at the Court of Appeal? (California, United States of America)
Can a federal and state prosecutor be found guilty of misconduct in a federal or federal criminal case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.