What is the test for asserting a "constitutional right" before a tribunal having jurisdiction to determine it?
California, United States of America
The following excerpt is from The People v. Calderon, F057554, No. SUF30154 (Cal. App. 2010):
"'No procedural principle is more familiar to [the United States Supreme Court] than that a constitutional right, ' or a right of any other sort, 'may be forfeited in criminal as well as civil cases by the failure to make timely assertion of the right before a tribunal having jurisdiction to determine it.' [Citation.]" (UnitedStates v. Olano (1993) 507 U.S. 725, 731.)
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