Is there any case law where the court has found that forfeiture can be forfeited during jury deliberations?

California, United States of America


The following excerpt is from People v. Ruiz, A139127 (Cal. App. 2016):

Nor are we persuaded by appellants' reliance on People v. Santamaria (1991) 229 Cal.App.3d 269, 277 (Santamaria), in which the court held an adjournment of 10 days during jury deliberations was an abuse of discretion where it could have been avoided by transferring the case to another judge as requested by the parties. The issue of forfeiture was not raised on appeal in Santamaria until the People filed a petition for rehearing, which prompted the court to add a footnote to its opinion stating that the

Page 27

Other Questions


What is the test for a motion where the Court of Appeal found that a lower court found that there was insufficient evidence to support the Plaintiff's claim? (California, United States of America)
How have the jury been instructed to interpret the meaning of deliberate deliberate deliberate use of the word "deliberately" in the dictionary? (California, United States of America)
Whether a court's ruling is based on oral testimony or written declarations, when conflicting inferences can reasonably be drawn from the facts, can the appellate court defer to the trial court's factual determinations? (California, United States of America)
How have the courts interpreted the test for a motion where a defendant has been found to have forfeited the argument? (California, United States of America)
Can an appellant seek review of an instruction in the Superior Court of Appeal where the original instruction was found to have made errors that could have been cured in the trial court? (California, United States of America)
How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
In what circumstances have courts found that serious misconduct may support a finding of forfeiture of counsel in a case? (California, United States of America)
Does the Court of Appeal have found that Defendant Joiner did not waive his assumed constitutional right to be personally present at the remand hearing and that the court erred in conducting that hearing in his absence? (California, United States of America)
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.