Is it a violation of due process under the Fourteenth Amendment to evaluate the mental state of the appellant in his reply brief?
California, United States of America
The following excerpt is from People v. Jacob K. (In re Jacob K.), F074255 (Cal. App. 2018):
5. In his reply brief, appellant contends that it would be a violation of due process under the Fourteenth Amendment to evaluate his mental state in this case in the same light as an adult. This issue is not cognizable because in addition to not raising it in the trial court, appellant did not raise it in his opening brief. (People v. Duff (2014) 58 Cal.4th 527, 550, fn. 9 [issue waived by failure to raise in opening brief].)
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