Does a failure to object at trial preserve the issue for appeal?

California, United States of America


The following excerpt is from People v. Montes, 169 Cal.Rptr.3d 279, 320 P.3d 729, 58 Cal.4th 809 (Cal. 2014):

Although his counsel did not object during the testimony, defendant contends the issue has been preserved for appeal because defense counsel explained to the trial court that he hesitated to make objections during the testimony of family members due to the emotional atmosphere of the courtroom. We have stated that failure to object may not be excused on the ground that a timely objection would be inconvenient or because of concerns about how jurors might perceive the objection. ( People v. Pollock (2004) 32 Cal.4th 1153, 1181, 13 Cal.Rptr.3d 34, 89 P.3d 353.) In any event, even if the claim were not forfeited, we would reject it on its merits.

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