What is the current state of the law on the forfeiture of a claim of error at the Court of Appeal?

It is a " 'well-established procedural principle that, with certain exceptions, an appellate court will not consider claims of error that could have beenbut were notraised in the trial court.' " (People v. Stowell (2003) 31 Cal.4th 1107, 1114.) An exception to the forfeiture rule provides that an issue will not be forfeited if an objection would have been futile. (People v. Abbaszadeh (2003) 106 Cal.App.4th 642, 648.)

" 'As a general matter, the "[a]pplication of the ordinary rules of evidence . . . does not impermissibly infringe on a defendant's right to present a defense." [Citations.] Although completely excluding evidence of an accused's defense theoretically could rise to this level, excluding defense evidence on a minor or subsidiary point does not impair an accused's due process right to present a defense.' " (People v. Boyette (2002) 29 Cal.4th 381, 427-428.)

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