Is a Defendant liable for forfeiture of the issue for purposes of appeal if they fail to make a timely objection to the issue during deliberations?
California, United States of America
The following excerpt is from People v. Brooks, C053124 (Cal. App. 1/29/2008), C053124 (Cal. App. 2008):
Failure to make a timely objection to a jury's separation during deliberations is a forfeiture of the issue for purposes of appeal. (People v. Harris (1977) 73 Cal.App.3d 76, 83.) Defendant's objection after the deliberating jury had separated was so untimely as to be tantamount to no objection at all.
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