What if a defendant fails to obtain a ruling on his objection that a witness has not been meaningfully qualified as a witness?

California, United States of America


The following excerpt is from People v. Diaz, 2d Crim. No. B293673 (Cal. App. 2019):

Moreover, appellant failed to obtain a ruling on his objection that A.D. had not "been meaningfully qualified as a witness." After the prosecutor and the court had finished questioning A.D. about whether she understood her duty to tell the truth, appellant's counsel should have sought a ruling on his objection that she was not qualified. Instead, counsel did not bring the matter up again. For this reason alone, the claim is forfeited. (People v. Virgil (2011) 51 Cal.4th 1210, 1249

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["Defendant forfeited these claims by failing to obtain a ruling on his objection"]; People v. Valdez (2012) 55 Cal.4th 82, 143 [defendant's "'[f]ailure to press for a ruling on a motion to exclude evidence forfeits appellate review of the claim because such failure deprives the trial court of the opportunity to correct potential error in the first instance'"].)

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