Does the doctrine of invited error apply when a trial court rejects a defense counsel's request to forego the instruction on the lesser included offense?

California, United States of America


The following excerpt is from People v. Cady, 212 Cal.Rptr.3d 319, 7 Cal.App.5th 134 (Cal. App. 2016):

4 Cady points out that based on the trial court's statements when discussing jury instructions, the trial court may not have relied upon defense counsel's deliberate choice to forego the instruction on the lesser included offense as a ground for deciding not to give the instruction, as it stated that it agreed with defense counsel that the evidence did not support such an instruction. Cady argues that when the trial court gives an independent reason for its decision to forego the instruction rather than relying on defense counsel's request, the doctrine of invited error does not apply. The People respond that "the invited error doctrine analysis is contingent on whether the record makes clear that appellant deliberately invited the error, not on the extent to which the court's decision was based on appellant's invitation." We agree with the People. The purpose of the invited error doctrine is to prevent a defendant from asserting on appeal that a trial court decision for which he advocated below is error and therefore a basis for reversal. (People v. Coffman and Marlow (2004) 34 Cal.4th 1, 49, 17 Cal.Rptr.3d 710, 96 P.3d 30 [" The doctrine of invited error is designed to prevent an accused from gaining a reversal on appeal because of an error made by the trial court at his behest. "].) Therefore, the crucial inquiry is whether defendant advocated for the erroneous ruling, not whether the trial court's error was caused by that advocacy.

Other Questions


Does the doctrine of invited error apply if defense counsel requests that lesser included instructions not be given? (California, United States of America)
What is the de novo standard of review applied to an appeal that contends the trial court should have instructed sua sponte on a lesser included offense or defense? (California, United States of America)
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)
What is the standard of review applied to a failure by a trial court to instruct on an uncharged offense that was assertedly lesser than, and included in the charged offense? (California, United States of America)
How does the doctrine of invited error apply to defense counsel requesting to omit paragraph 3 from the jury instruction? (California, United States of America)
What is the test for applying the independent or de novo standard of review to a failure by a trial court to instruct on an uncharged offense that is assertedly lesser than, and included in the charged offense? (California, United States of America)
What is the standard of review applied to a failure by a trial court to instruct on an uncharged offense that was assertedly lesser than, and included in the charged offense? (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)
What is the standard of review applied to a failure by the trial court to instruct on a lesser included offense? (California, United States of America)
What are the consequences of a trial court's failure to instruct on defenses and lesser included offenses? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.