California, United States of America
The following excerpt is from People v. Macfarlane, A141326 (Cal. App. 2016):
Most of the challenges defendant now raises on appeal to the order quashing his subpoena are new, and so they are forfeited. " ' "An appellate court will ordinarily not consider procedural defects or erroneous rulings, in connection with relief sought or defenses asserted, where an objection could have been, but was not, presented to the lower court by some appropriate method . . . ." ' " (People v. Saunders (1993) 5 Cal.4th 580, 589-590.) " ' "No procedural principle is more familiar . . . than that a constitutional right," or a right of any other sort, "may be forfeited in criminal as well as civil cases by the failure to make timely assertion of the right before a tribunal having jurisdiction to determine it. " ' " (Id. at p. 590.)
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