What is the test for showing a defense counsel to change their mind?

California, United States of America

The following excerpt is from People v. Bullock, D055890, Super. Ct. No. INF053406 (Cal. App. 2011):

showing invited error is exacting because "important rights of the accused are at stake." (People v. Wickersham (1982) 32 Cal.3d 307, 330, disapproved on other grounds in People v. Barton (1995) 12 Cal.4th 186, 200-201.) It must be clear "defense counsel deliberately or expressly, as a matter of trial tactics, caused the error." (People v. Lara (2001) 86 Cal.App.4th 139, 164.) Given it was the trial court that invited defense counsel to change her mind and suggested the tactical reason for doing so, this is not a typical invited error situation. There simply was no gamesmanship involved on the part of defense counsel. Accordingly, we will not apply the invited error doctrine.

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What is the test for showing a defense counsel to change their mind?

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