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.)
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