What is the test for forfeiture of evidence in a criminal case?

California, United States of America


The following excerpt is from People v. Vega, C072642 (Cal. App. 2015):

disfavored course of action; it is unjust to the opposing party, unfair to the trial court, and contrary to judicial economy (i.e., a waste of the time of the parties and the judicial branch) since it encourages the embedding of reversible error through silence in the trial court. (Saville v. Sierra College (2005) 133 Cal.App.4th 857, 873.) As a result, we ordinarily exercise our discretion to excuse forfeiture "rarely and only in cases presenting an important legal issue." (In re S.B. (2004) 32 Cal.4th 1287, 1293.) The circumstances of the present case hardly satisfy this stringent criterion. As a result, the claim of prosecutorial misconduct is not cognizable in this appeal.

4.0 Trial Counsel Was Not Ineffective in Failing to Limit Gang Evidence

Other Questions


What is the test for admissible evidence in a criminal case where an expert testified that there was no evidence of criminal wrongdoing? (California, United States of America)
What is the test for evidence of past criminal activity in a criminal case? (California, United States of America)
What is the test for prejudicial evidence in the context of evidence of racial motivation in criminal cases? (California, United States of America)
Does section 1101 of the California Evidence Code prohibit the admission of character or propensity evidence in a criminal case? (California, United States of America)
What constitutes substantial evidence of criminal intent in a criminal case? (California, United States of America)
Is evidence of criminal history relevant and admissible in a criminal case? (California, United States of America)
In a criminal case, is there any case law in which a jury has been ordered to conduct cross-examination of evidence in the penalty phase? (California, United States of America)
In a criminal case, is there any case law in which a jury has been ordered to conduct cross-examination of evidence in the penalty phase? (California, United States of America)
What is the substantial evidence standard for claims of insufficiency of evidence in a criminal case? (California, United States of America)
Is evidence of a person's character or trait of his or her character in a civil case admissible in the context of a criminal case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.