When will a defendant's claim be forfeited?

California, United States of America


The following excerpt is from People v. Rivera, G043460 (Cal. App. 2012):

Defendant's claim is forfeited for lack of a clear ruling by the court that it would allow defendant's suppression hearing to be used in the prosecution's case-in-chief and a clear objection by defendant to the court's ruling on the constitutional ground raised in this appeal. (See People v. Partida (2005) 37 Cal.4th 428, 434-435.) Placed into its proper context, it does not appear the court was really ruling in the manner suggested by defendant in his appellate briefs. We decline defendant's invitation (first raised in his reply brief) to consider whether he received ineffective assistance of counsel with regard to defense counsel's representation at the suppression hearing.

Page 13

Other Questions


Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
In an action brought by defendant in a personal injury case against plaintiff, who is seeking to vacate an arbitration award, is defendant's claim that the award has been forfeited? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
Does the Attorney General's claim that defendant forfeited the issue on appeal because defendant made no effort to correct the court's misperception and press for a ruling? (California, United States of America)
Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)
Does the Attorney General have any grounds to claim that defendant forfeited this claim on appeal? (California, United States of America)
Does the Attorney General's claim that Defendant has "waived" a claim that the Defendant has failed to object to the victim's restitution award? (California, United States of America)
Can a juror who has a claim against a defendant's mother for improper contact with the jury have such a claim forfeited? (California, United States of America)
Does a defendant who failed to raise a section 654 claim at sentencing forfeit the claim on appeal? (California, United States of America)
Can a Defendant assert all defenses and counterclaims that would be available to the Defendant in a claim against the Owner of the Claim? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.