Does the Attorney General have any grounds to argue that a defendant invited the error in giving a limiting instruction at a preliminary hearing?

California, United States of America


The following excerpt is from People v. Fuller, A149884 (Cal. App. 2018):

As the Attorney General points out, by offering the alternative of a limiting instruction and by agreeing to the trial court's proposed handling of the issue by giving the instruction, defendant invited the error about which he now complains and/or waived any complaint as to the trial court's handling of the reference to his being shackled at the preliminary hearing. (See People v. Wader (1993) 5 Cal.4th 610, 657-658 ["When a defense attorney makes a 'conscious, deliberate tactical choice' to forego a particular instruction, the invited error doctrine bars an argument on appeal that the instruction was omitted in error. [Citations.] When defense counsel makes an equally conscious and deliberate tactical choice to request a particular instruction . . . there is no reason to apply a different rule."].)

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