What is the test for a claim that appellant forfeited a claim of error by failing to object to the jury instruction?
California, United States of America
The following excerpt is from People v. Pittman, A150700 (Cal. App. 2018):
The People contend that appellant forfeited this claim of error by failing to object to the jury instruction or request clarification in the trial court. (People v. Hudson (2006) 38 Cal.4th 1002, 1011-1012.) Appellant rejoins that an objection was not required because the error affected his substantial rights. ( 1259.) To the extent this claim is reviewable despite the failure to object, we conclude that it lacks merit.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the Attorney General have any authority to deny a defendant a claim of instructional error by failing to object to the instruction at trial? (California, United States of America)
How have we dealt with the Attorney General's contention that a defendant forfeited any claim of error by failing to object or request modification to an instruction in the trial court? (California, United States of America)
What is the consequence of the Court of Appeal finding that an instruction that appellant failed to object at trial has been forfeited on appeal? (California, United States of America)
Does the Attorney General have forfeited his claim of instructional error by failing to request clarifying or amplifying language? (California, United States of America)
Does the Attorney General's argument that appellant forfeited his substantial rights by failing to object to the Court's instruction below? (California, United States of America)
Is a defendant's failure to object to or request that an instruction be omitted or omitted from a jury's instructions forfeits his claim on appeal? (California, United States of America)
Is a defendant's failure to propose any modification to a flight instruction forfeits a claim of instructional error? (California, United States of America)
Does a party forfeits their claim of error if they fail to report the error to the trial court in a timely manner? (California, United States of America)
Does appellant waive the issue of instructional error on appeal because she did not object to the instruction in the trial court? (California, United States of America)
Does the Attorney General's assertion defendant forfeited his claim by failing to object to the instruction at trial? (California, United States of America)
