California, United States of America
The following excerpt is from People v. Humphrey, C052744, Super. Ct. No. 02F02888 (Cal. App. 2011):
Invited error will be found only if defense counsel expresses a deliberate tactical purpose in resisting or acceding to the complained-of instruction. A record that is ambiguous as to whether defense counsel considered and rejected instructions on all lesser included offenses is not sufficient. (People v. Valdez (2004) 32 Cal.4th 73, 115-116.) Here, defense counsel expressed no such deliberate, tactical purpose and thus did not invite the error.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.