Does the Attorney General have the authority to grant an appeal against a claim against defendant who failed to properly raise an objection to the disputed evidence?

California, United States of America


The following excerpt is from People v. Smith, B236611 (Cal. App. 2013):

The Attorney General argues that these claims were forfeited because they were not properly raised below. The record supports the Attorney General's position. We conclude that because defendant did not raise a timely and specific objection to the disputed evidence, he failed to preserve the claims for appeal. (People v. Samuels (2005) 36 Cal.4th 96, 122.)

Other Questions


Does the Attorney General's claim that Defendant has "waived" a claim that the Defendant has failed to object to the victim's restitution award? (California, United States of America)
Does the Attorney General have any authority to deny a defendant a claim of instructional error by failing to object to the instruction at trial? (California, United States of America)
In what circumstances will the Attorney General claim that the Defendant failed to object to the Defendant's conduct at trial? (California, United States of America)
Is there any case law in which a defendant is successful in his claim that the Defendant failed to properly evaluate the Defendant's evidence? (California, United States of America)
Does the Attorney General have the authority to deny an appeal because the Defendant failed to identify as an issue on appeal the fact she was improperly induced to enter her plea? (California, United States of America)
Does the Attorney General have any authority to argue on appeal that a defendant failed to object in the trial court on his NGI plea? (California, United States of America)
Is a defendant's failure to make a timely and specific objection to a motion on the grounds that he now raises an objection on appeal forfeits his claim on appeal? (California, United States of America)
Does a criminal defendant who fails to object in the trial court to a finding that there is no evidence of his ability to pay a booking fee forfeited his right to raise the claim on appeal? (California, United States of America)
Can a defendant bring a notice of appeal to the Court of Appeal claiming that he failed to raise his constitutional claims in the trial court? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.