Is a defendant's right to a statement of decision forfeited if he failed to call the trial court at any time?

California, United States of America


The following excerpt is from Neri v. City of Los Angeles, B231266 (Cal. App. 2012):

Even if the trial court should have given a statement of decision, the failure of defendant at any time to call this to the attention of the trial court constitutes a forfeiture of the right to the statement of decision. Moreover, defendant only points to the purported requirement in footnotes, and therefore has presented no reasoned argument on the issue. (Cal. Rules of Court, rule 8.204(a)(1)(B); People v. Stanley (1995) 10 Cal.4th 764, 793 [if no legal argument and citation of authorities on a point, court may treat issue as waived].)

Other Questions


Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (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 forfeit a right in a criminal case by failing to timely assert the right before the tribunal with jurisdiction to determine it? (California, United States of America)
Is a trial court erred by failing to give a defendant separate advisement of his right to counsel and obtaining a waiver of that right? (California, United States of America)
In what circumstances will a defendant be denied a motion by the Court of Appeal against the Defendant for failing to make a timely assertion of a right? (California, United States of America)
What is the record of why defendant's trial counsel failed to object to the sentencing on the ground that the trial court improperly used defendant's religious beliefs as a basis for his sentence? (California, United States of America)
Can a defendant who failed to object to the trial court's decision to conduct voir dire in open court preserve the issue for appeal? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Does a defendant waive their right to object on appeal to a plaintiff's trial misconduct by failing to request the trial court to admonish the jury to disregard such misconduct? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.