Can a defendant forfeit a right in a criminal case by failing to timely assert the right before the tribunal with jurisdiction to determine it?

California, United States of America

The following excerpt is from People v. Palkovic, D074342 (Cal. App. 2019):

A defendant may forfeit a right in a criminal case by failing to timely assert the right before the tribunal with jurisdiction to determine it. (People v. Trujillo (2015) 60

Page 9
Cal.4th 850, 856.) "However, neither forfeiture nor application of the forfeiture rule is automatic. [Citation.] Competing concerns may cause an appellate court to conclude that an objection has not been forfeited. [Citations.] Similar concerns may also cause an appellate court to refrain from applying the forfeiture bar." (People v. McCullough (2013) 56 Cal.4th 589, 593.) Even if forfeited, we exercise our discretion to address this claim on the merits in the interest of judicial economy, as we will remand the matter on another ground as discussed below. (See People v. Williams (1998) 17 Cal.4th 148, 161, fn. 6.)

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