What is the test for a plaintiff's claim that he was denied a fair trial because of the evidence presented by the defence counsel against him at trial?
California, United States of America
The following excerpt is from People v. Vergason, C081080 (Cal. App. 2017):
At trial, defense counsel's only objections to this evidence were that it lacked foundation and it was not the proper subject of expert witness testimony. As such, on appeal he has forfeited his claim that this evidence violated his due process right to a fair trial. (People v. Scott (1994) 9 Cal.4th 331, 354; People v. Alvarez (1996) 14 Cal.4th 155, 186.)
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