How have the courts treated the issue of forfeiture in the context of instructional error?
California, United States of America
The following excerpt is from People v. Lemus, B231036 (Cal. App. 2012):
On the issue of forfeiture the People argue that appellant agreed to the court's instruction and failed to raise any objection. But, ascertaining whether claimed instructional error affected the substantial rights of appellant necessarily requires an examination of the merits of the claim to ascertain whether the asserted error would result in prejudice. (People v. Ramos (2008) 163 Cal.App.4th 1082, 1087.)
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