When will the defense bring an objection to the selection procedure before the jury is sworn?

California, United States of America


The following excerpt is from People v. Mayfield, 14 Cal.4th 668, 60 Cal.Rptr.2d 1, 928 P.2d 485 (Cal. 1997):

Because the defense did not raise the present objection to the selection procedure before the jury was sworn, the claim has been forfeited. (People v. Visciotti (1992) 2 Cal.4th 1, 38, 5 Cal.Rptr.2d 495, 825 P.2d 388.) Recognizing that we might reach this conclusion, defendant contends that his trial counsel's failure to object deprived him of his constitutional right to effective assistance of counsel. We reject the claim of ineffective assistance for lack of prejudice.

Other Questions


In what circumstances will the court require a defense counsel to object to a motion where the trial atmosphere was poisonous, and the defense counsel did not object at all? (California, United States of America)
Can defense counsel argue that defense counsel failed to object to the foregoing procedure or request that written instructions be provided to the jury? (California, United States of America)
Does a defense counsel have ever successfully objected to an objection based on prosecutorial misconduct? (California, United States of America)
When a prosecutor asks a defense counsel a question in voir dire about rape and sexual assault, is the defense counsel's failure to object to the questions? (California, United States of America)
Is a defendant entitled to an objection at trial when the prosecution fails to disclose to the defense the facts supporting the objection? (California, United States of America)
Does a defense counsel have to make a futile motion or meritless objection to an ex post facto objection? (California, United States of America)
When a jury has been sworn in, can the trial court reopen jury selection after the jury has already been sworn? (California, United States of America)
What is the proper procedure for defense counsel to make an objection to the testimony? (California, United States of America)
What is the test for sustaining multiple prosecution objections and overruling multiple defense objections at trial? (California, United States of America)
If a prosecutor misstated the law on self-defense, and the defense counsel failed to object to the argument, what is the effect on the jury? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.