Does evidence that violates Evidence Code section 1150 need to be objected at trial to preserve the contention on appeal?
California, United States of America
The following excerpt is from People v. Flores, C080799 (Cal. App. 2020):
Evidence Code section 1150 applies to appellate courts that review the record independently from a denial of a new trial motion. (See People v. Danks (2004) 32 Cal.4th 269, 298, fn 9, 301-302.) Because evidence that violates Evidence Code section 1150 is "of no jural consequence" and irrelevant, a party is not required to object at trial to preserve this contention on appeal. (People v. Johnson (2013) 222 Cal.App.4th 486, 494.)
"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
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)
Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)
Does the application of "ordinary rules of evidence" such as section 352 of California Evidence Code section 352 violate a defendant's constitutional rights? (California, United States of America)
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)
Is a defendant's reliance on evidence code section 730 of the Evidence Code Section 730 a violation of his constitutional right to access a mental health expert? (California, United States of America)
When will counsel's failure to object to admission of evidence under section 352 of the California Evidence Code be reviewed on appeal? (California, United States of America)
Does a defendant's failure to object to fees imposed pursuant to section 1203.1b waive the right to appeal on appeal? (California, United States of America)
Is there an objection required in the trial court to preserve the issue for review on appeal? (California, United States of America)
Can a defendant be convicted of violating section 148(a)(1) of the California Civil Code of Civil Procedure if the jury found a completed violation of section 148 prior to the officers' use of excessive force? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
