When will counsel's failure to object to admission of evidence under section 352 of the California Evidence Code be reviewed on appeal?
California, United States of America
The following excerpt is from People v. Pickering, D057946, Super. Ct. No. RIF145667 (Cal. App. 2011):
5. Normally counsel's failure to object to admission of evidence forfeits the issue on appeal, and the claim is analyzed solely on grounds of ineffective representation. (See People v. Kelly (1992) 1 Cal.4th 495, 519-520.) Here, however, because the court on its own motion evaluated the Section 1108 evidence under Evidence Code section 352, we will evaluate the merits of the court's ruling.
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