What is the test for making an argument that a defendant has forfeited the argument in the trial court?
California, United States of America
The following excerpt is from The People v. Hull, C062239, No. 06F09772 (Cal. App. 2010):
The People contend defendant forfeited this argument by failing to raise it in the trial court. While that is true, we may nonetheless "reach the merits under the relevant constitutional standards, in the interest of judicial economy to prevent the inevitable ineffectiveness-of-counsel claim." (People v. Norman (2003) 109 Cal.App.4th 221, 230.) We choose to do so here.
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