What is the effect of failing to assert a timely and specific Miranda claim on appeal?
California, United States of America
The following excerpt is from People v. Lampley, B292186 (Cal. App. 2020):
As a preliminary matter, we conclude that defendant forfeited this objection by failing to object in the trial court. It is well-settled that a failure to assert a timely and specific Miranda claim forfeits that issue on appeal. (People v. Holt (1997) 15 Cal.4th 619, 667.) Because defendant failed to raise this objection in the trial court, he is precluded from raising it on appeal.
B. No ineffective assistance of counsel
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