What is the test for timely assertion of a constitutional right?
California, United States of America
The following excerpt is from People v. Prideaux, H039263 (Cal. App. 2014):
" ' "No procedural principle is more familiar . . . 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.]' [Citation.]" (People v. Saunders (1993) 5 Cal.4th 580, 590.)
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