Can a defense attorney make a conscious deliberate tactical choice to request or forego a particular instruction?
California, United States of America
The following excerpt is from People v. Roberts, A157229 (Cal. App. 2020):
" 'When a defense attorney makes a "conscious, deliberate tactical choice" to [request or] forego a particular instruction, the invited error doctrine bars an argument on appeal that the instruction was [given or] omitted in error.' [Citations.]" (People v. McKinnon (2011) 52 Cal.4th 610, 675.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the invited error doctrine apply when a defense attorney makes a deliberate tactical choice not to request or forego a jury instruction? (California, United States of America)
Can a defense attorney make a conscious deliberate choice to forego a particular instruction? (California, United States of America)
Does the invited error doctrine apply to defense counsel's "conscious, deliberate choice" to forego an instruction in CALCRIM No. 3450? (California, United States of America)
Can defense counsel argue that defense counsel failed to object to the foregoing procedure or request that written instructions be provided to the jury? (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)
Does the instruction that the jury was to follow the instructions if an attorney's comments appeared to be in conflict with the instructions apply? (California, United States of America)
Is a federal or state law error for failing to instruct on a requested affirmative defense instruction supported by substantial evidence? (California, United States of America)
Can defense counsel request further instructions to instruct the jury that the absence of mitigation is not an aggravating factor? (California, United States of America)
Does the Attorney General have any authority or authority to instruct a jury to disregard an instruction in an assault case where the instruction had no antecedent in the facts? (California, United States of America)
Does a Defendant's appointed attorney render ineffective assistance of counsel by failing to request an instruction on self-defense? (California, United States of America)
