What is the consequence of a defendant's failure to object to the admission of evidence at trial of sexual assault?

California, United States of America


The following excerpt is from People v. Beaty, F076380 (Cal. App. 2019):

Defendant concedes his counsel did not specifically object to the admission of such evidence. Indeed, defense counsel expressly agreed such evidence was relevant and admissible. Defendant may not complain on appeal that evidence was inadmissible on a certain ground if he did not rely on that ground in a timely and specific fashion in the trial court. (See Evid. Code, 353; see also People v. Medina (1995) 11 Cal.4th 694, 729 [failure to object waives claim of error based on Evid. Code, 1101].) Thus, this issue is forfeited on appeal.

Other Questions


Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
What are the consequences of a defendant's failure to raise the issue of the penal consequences of an admission of sexual assault? (California, United States of America)
What are the consequences of a defendant's failure to raise the issue of the penal consequences of an admission of sexual assault? (California, United States of America)
What is the test for a defendant's claim that the exclusion of evidence in the trial of a defendant in a sexual assault case violated his federal constitutional right to present a defense? (California, United States of America)
Is a defendant's failure to raise a confrontation objection to the admissibility of evidence at trial invalid? (California, United States of America)
What is the test for admissibility of evidence of prior sexual assault in a sexual assault case? (California, United States of America)
Does a defendant's failure to object to the factual basis of an allegation of sexual assault constitute an admission? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
In a motion for a new trial on a charge of sexual assault brought by defendant Perez, who has pleaded not guilty to the charge, is the evidence insufficient to support his claim of insufficiency of evidence? (California, United States of America)
In a sexual assault case, is there any evidence that the victim was afraid of defendant prior to the sexual assault in her bedroom or on the living room couch? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.