Is a defendant's failure to point out a constitutional error waived?
MultiRegion, United States of America
The following excerpt is from U.S. v. Washington, 962 F.2d 16 (9th Cir. 1992):
Further, the mere failure of the defendant to point out the constitutional error is not the equivalent of "inviting" the error. See United States v. Solis, 841 F.2d 307, 309 (9th Cir.1988) ("constitutional error was not waived by the failure to point it out to the court").
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