Failure to Object Does Not Forfeit the Issue on Appeal When There Is a Change in the Law
May 12th, 2020
In People v. Sanchez (2016) 63 C4th 665 held that if an expert testifies to case-specific out-of-court statements to explain the bases for his opinion, those statements are necessarily considered by the jury for their truth, thus rendering them hearsay.
In People v. Perez (2020) ___ Cal5th ___ S248730; 2/27/20 defense counsel failed to object to inadmissible Sanchez evidence.
The claim was not forfeited because Sanchez was decided after the Perez trial. And, because the caselaw was settled before Sanchez which expressly changed the law, failure to object is not a forfeiture of the issue on appeal.
Tags: Appeal, Evidence and Witnesses, Hearsay