Does the forfeiture rule apply when a motion without prejudice is denied?
California, United States of America
The following excerpt is from People v. King, C076437 (Cal. App. 2015):
4. "As a general matter, when a trial court denies a motion without prejudice the matter is forfeited if not renewed. [Citation.]" (People v. Mills (2010) 48 Cal.4th 158, 170.) Because King claims denial of the requested instructions denied him the substantial right of due process, the forfeiture rule does not apply. ( 1259.)
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