Does a failure to object in the trial court on appeal waive the issue on appeal?
California, United States of America
The following excerpt is from People v. Thomas, 42 Cal.App.4th 798, 49 Cal.Rptr.2d 856 (Cal. App. 1996):
3 Appellant's failure to object on this ground in the trial court does not waive the issue on appeal because it concerns a question regarding the authority of the trial court to impose this particular fine under any circumstances in this case; it is not merely a matter of procedural, factual or discretionary error. (See People v. Scott (1994) 9 Cal.4th 331, 354, 36 Cal.Rptr.2d 627, 885 P.2d 1040.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a defendant's failure to object on appeal cognizable because the issue is not cognizable on appeal because trial counsel rendered ineffective assistance by failing to object? (California, United States of America)
Does a failure to object to the prosecutor's closing argument at trial waive the right to object on appeal? (California, United States of America)
Does appellant waive the issue of instructional error on appeal because she did not object to the instruction in the trial court? (California, United States of America)
Does a defendant waive their right to object on appeal to a plaintiff's trial misconduct by failing to request the trial court to admonish the jury to disregard such misconduct? (California, United States of America)
Does a defendant's failure to object in the Court of Appeal forfeit the issue for appeal? (California, United States of America)
Does Defendant's failure to object to the constitutionality of the statutes in the trial court forfeit this issue on appeal? (California, United States of America)
Does a trial counsel's failure to object to an evidentiary error on the same ground asserted on appeal result in the forfeiture of the issue on appeal? (California, United States of America)
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)
When an appeal is a pure issue of law, does the Court of Appeal give deference to the trial court's ruling? (California, United States of America)
How does the Court of Appeal review a trial court's ruling to admit evidence over defendant's objection based on evidence section 352? (California, United States of America)
