Does a party have to be excused for failing to raise an objection at trial where any such objection would have been futile?
California, United States of America
The following excerpt is from People v. Martinez, F071323 (Cal. App. 2017):
We recognize that a party generally will be excused for his or her failure to raise an issue at trial where any such objection would have been futile. (See, e.g., People v. Abbaszadeh, supra, 106 Cal.App.4th at p. 648; People v. O'Connell (1995) 39 Cal.App.4th 1182, 1190.) The record does not demonstrate futility here, however. Although the settled statement makes clear the trial court was not "inclined" to grant
Page 15
"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
Can a party raise a claim on appeal despite the lack of objection at trial where the circumstances show an objection would have been futile? (California, United States of America)
Is there a principle of law that excuses parties for their failure to raise an issue at trial where to do so would have been an exercise in futility? (California, United States of America)
Can a party who fails to raise issues before the trial court raise new issues on appeal? (California, United States of America)
What is the rule that a party must submit an objection at a later trial, even though the objection had been overruled at a previous trial? (California, United States of America)
Does defendant fail to show prejudice in a motion where the trial court failed to sustain his objection to a finding that the evidentiary error was prejudicial? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
What is the test for a claim against a defendant who failed to raise a vouching objection at trial? (California, United States of America)
In what circumstances would a defendant have been denied a continuance of his trial on the grounds that the trial would have been more favorable to him? (California, United States of America)
Can a defendant who fails to object to the imposition of a fee or fine in the trial court raise a claim on appeal? (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)
