Is there an exception to the forfeiture rule when a defendant raises an issue reviewable de novo on appeal?

California, United States of America


The following excerpt is from People v. Potts, 245 Cal.Rptr.3d 2, 436 P.3d 899, 6 Cal.5th 1012 (Cal. 2019):

People v. Hines (1997) 15 Cal.4th 997, 1061, 64 Cal.Rptr.2d 594, 938 P.2d 388.) Defendant's interpretation of that exception to the forfeiture rule would seem to imply that any issue reviewable de novo may be raised for the first time on appeal, even when, as here, information about the prosecutor's intonation would be relevant, but is not revealed by the trial transcripts. Such an exception would allow a defendant to invalidate an entire trial based on a claim of prosecutorial misconduct that could have been easily remedied by a timely objection and an admonition. We decline to extend the exception to the circumstances presented here, or to excuse the forfeiture as a matter of discretion.

Other Questions


Can a defendant appeal his conviction for sexual assault against a judge's finding that the issue raised in his notice of appeal concerns the determination of guilt or innocence or is not reviewable under section 1237.5? (California, United States of America)
Can a party who fails to raise issues before the trial court raise new issues on appeal? (California, United States of America)
What is an exception to the rule of forfeiture when a defendant raises constitutional claims on appeal? (California, United States of America)
Is a Defendant liable for forfeiture of the issue for purposes of appeal if they fail to make a timely objection to the issue during deliberations? (California, United States of America)
Does the Attorney General have the authority to deny an appeal because the Defendant failed to identify as an issue on appeal the fact she was improperly induced to enter her plea? (California, United States of America)
Does the Attorney General's claim that defendant forfeited the issue on appeal because defendant made no effort to correct the court's misperception and press for a ruling? (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)
Is a defendant entitled to the benefit of the Court of Appeal's Appeal of Appeal when they are not yet convicted? (California, United States of America)
Can a criminal defendant raise the issue of insufficient evidence in a subsequent appeal? (California, United States of America)
Does a defendant have the authority to raise a question of "substantial rights" on an appeal from the Court of 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.