Does the Attorney General have the authority to ask the Court of Appeal to consider the merits of a motion brought before it on an appeal?
California, United States of America
The following excerpt is from People v. Hernandez, H037436 (Cal. App. 2013):
The Attorney General argues that we should not consider the merits, pointing out that an appellate court "is in fact barred" from considering an issue not raised below "when the issue involves the admission (Evid. Code, 353) or exclusion (id., 354) of evidence." (People v. Williams, supra, 17 Cal.4th at p. 161.) The Attorney General
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