What is the contemporaneous objection rule on a claim of constitutional error?

California, United States of America


The following excerpt is from The People v. Vera, F059863, No. 09CM1612 (Cal. App. 2011):

Evidence Code section 353, subdivision (a) provides that a verdict shall not be set aside by reason of the erroneous admission of evidence unless a motion to exclude or strike the evidence on that specific ground was timely made. "Specificity is required both to enable the court to make an informed ruling on the motion or objection and to enable the party proffering the evidence to cure the defect in the evidence. [Citations.]" (People v. Mattson (1990) 50 Cal.3d 826, 854.) The contemporaneous objection rule

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applies to claims of state and federal constitutional error. (People v. Daniels (2009) 176 Cal.App.4th 304, 320, fn. 10.) "'No procedural principle is more familiar to [the United States Supreme Court] 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.' [Citation.]" (United States v. Olano (1993) 507 U.S. 725, 731.)

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