California, United States of America
The following excerpt is from People v. Stearns, G053810 (Cal. App. 2017):
Defendant argues he did not forfeit the issue because his "counsel could have easily believed any such request would have been fruitless." (See People v. Abbaszadeh (2003) 106 Cal.App.4th 642, 648 [exception to forfeiture rule where objection would have been futile].) The Attorney General responds, "there is nothing on the record to support [defendant's] assertion that raising an objection would be futile since the trial court had not previously indicated it would not reconsider its impeachment ruling if the prosecution witness opened the door. [Defendant] could not reasonably assume the option was foreclosed had he requested it. (See People v. Thompson (2010) 49 Cal.4th 79, 129-130.)"
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