In what circumstances will the court require a defense counsel to object to a motion where the trial atmosphere was poisonous, and the defense counsel did not object at all?
California, United States of America
The following excerpt is from People v. Riel, 22 Cal.4th 1153, 96 Cal.Rptr.2d 1, 998 P.2d 969 (Cal. 2000):
This case presents no such unusual circumstances. The trial atmosphere was not poisonous, defense counsel did not object at all, and the record fails to suggest that any objections would have been futile. The normal rule requiring an objection applies here, not the unusual one applied to the extreme circumstances of People v. Hill, supra, 17 Cal.4th 800, 72 Cal.Rptr.2d 656, 952 P.2d 673. This issue is, accordingly, not cognizable.
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