What is the test for making a constitutional argument on appeal?

California, United States of America


The following excerpt is from L.A. Cnty. Dep't of Children & Family Servs. v. Hania A. (In re Amira A.), B301682 (Cal. App. 2020):

"A prerequisite to raising an issue for appellate review is an objection in the trial court. . . . The rule also requires the objection be made on the same grounds urged on appeal." (People v. Derello (1989) 211 Cal.App.3d 414, 428.) In People v. Partida (2005) 37 Cal.4th 428, 435, the court "held that constitutional arguments raised for the first time on appeal are not forfeited if they do not invoke reasons different from those the trial court was asked to apply, but merely assert that the trial court's act or omission, to the extent erroneous for the reasons actually presented to that court, 'had the additional legal consequence of violating' the Constitution. [Citation.]" (People v. Farley (2009) 46 Cal.4th 1053, 1095.)

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