Does the Attorney General have any claim of error in failing to request counsel for clarification of an otherwise correct instruction?
California, United States of America
The following excerpt is from People v. Triplett, B262985 (Cal. App. 2016):
accurate statement of the law without a request from counsel [citation], and failure to request clarification of an otherwise correct instruction forfeits the claim of error for purposes of appeal." (People v. Lee (2011) 51 Cal.4th 620, 638.) Because the trial court accurately stated the law, the Attorney General is correct that any purported error in failing to modify the Edwards instruction has been forfeited.
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