What is the test for making a constitutional objection at trial?

California, United States of America


The following excerpt is from People v. Tapella, C081597 (Cal. App. 2017):

"[C]onstitutional objections must be interposed before the trial judge in order to preserve such contentions for appeal." (People v. Rudd (1998) 63 Cal.App.4th 620, 628.) Even due process claims may be forfeited by the failure to assert them in a timely manner in the trial court. (See People v. Toro (1989) 47 Cal.3d 966, 975-976, overruled on other grounds by People v. Guiuan (1998) 18 Cal.4th 558, 568, fn. 3.)

Other Questions


Does a criminal defendant have to make a timely objection, make known the basis of their objection, and ask the trial court to admonish the jury? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
What is the rule that a party must submit an objection at a later trial, even though the objection had been overruled at a previous trial? (California, United States of America)
What constitutes misconduct under the Fourteenth Amendment of the United States Constitution when it infects the trial with such unfairness as to make the conviction a denial of due process? (California, United States of America)
Does the failure to object at trial of a charge of false imprisonment constitute incompetence of trial counsel? (California, United States of America)
When a prosecutor has been found not guilty of misconduct for failing to make a meritless objection to a motion, does the prosecutor have to make meritless objections? (California, United States of America)
What is the test for making an objection at trial and requesting an admonition at trial? (California, United States of America)
Does a defense counsel's failure to make an offer of proof in response to a sustaining objection to the trial court's sustaining a relevance objection waiver? (California, United States of America)
Does a prosecutor who makes a statement before a jury that touches on one defendant's right to silence and representation constitute a constitutional violation? (California, United States of America)
When a trial court makes disparaging or disparaging remarks to the defense counsel or witnesses, is it necessary for a new trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.