California, United States of America
The following excerpt is from People v. Delavega, 273 Cal.Rptr.3d 843, 59 Cal.App.5th 1074 (Cal. App. 2021):
defense counsel to raise an objection "would place an unreasonable burden on defendants to anticipate unforeseen changes in the law and encourage fruitless objections in other situations where defendants might hope that an established rule ... would be changed on appeal." " [Citation.] In determining whether the significance of a change in the law excuses counsel's failure to object at trial, we consider the "state of the law as it would have appeared to competent and knowledgeable counsel at the time of the trial." " ( People v. Perez (2020) 9 Cal.5th 1, 8, 259 Cal.Rptr.3d 195, 459 P.3d 1.)
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