California, United States of America
The following excerpt is from People v. Nunez, G057519 (Cal. App. 2020):
In our view, any invited error fell on the prosecutor's shoulders since his reply to the court's question insinuated that "murder" and "manslaughter" were part of the standard instruction, rather than additions. Moreover, "a defendant need not object to preserve a challenge to an instruction that incorrectly states the law and affects his or her substantial rights." (People v. Palmer (2005) 133 Cal.App.4th 1141, 1156.) Erroneous
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instructions that affect the defendant's substantial rights require no objection for review. ( 1259.)
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