Does the Attorney General have any grounds to dismiss a claim against counsel for failing to object to the precise language in a school lesson?
California, United States of America
The following excerpt is from People v. Oeurn, A147159 (Cal. App. 2017):
3. We reject the Attorney General's suggestion that the claim was somehow forfeited. An instructional error regarding the elements of an offense is not forfeited by counsel's failure to object to the precise language of the instruction. (People v. Mason (2013) 218 Cal.App.4th 818, 823; 1259.)
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