Can a defendant who failed to object to the trial court's decision to conduct voir dire in open court preserve the issue for appeal?
California, United States of America
The following excerpt is from People v. Roldan, 110 P.3d 289, 27 Cal.Rptr.3d 360, 35 Cal.4th 646 (Cal. 2005):
Defendant failed to object to the trial court's decision to conduct voir dire in open court and thus failed to preserve the issue for appeal. (People v. Avena (1996) 13 Cal.4th 394, 413, 53 Cal.Rptr.2d 301,
[27 Cal.Rptr.3d 396]
916 P.2d 1000.) Had he moved for sequestered, individual voir dire and the trial court denied the motion, we would have had to determine whether the trial court abused its discretion. (People v. Waidla (2000) 22 Cal.4th 690, 713-714, 94 Cal. Rptr.2d 396, 996 P.2d 46.)[27 Cal.Rptr.3d 396]
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