Does counsel's failure to object to excusals at trial forfeit the issue on appeal?

California, United States of America


The following excerpt is from People v. McKinnon, S077166 (Cal. 2011):

16. As we stated in People v. Saunders (1993) 5 Cal.4th 580: "In this context, the terms 'waiver' and 'forfeiture' have long been used interchangeably. . . . [H]owever: 'Waiver is different from forfeiture. Whereas forfeiture is the failure to make the timely assertion of a right, waiver is the "intentional relinquishment or abandonment of a known right." [Citations.]' [Citation.]" (Id. at p. 590, fn. 6.) Thus, here, we characterize the issue as whether counsel's failure to object to the excusals at trial forfeited, rather than waived, the issue on appeal.

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