How has the court interpreted the test for a defense counsel who "invited" an error in instructions?
California, United States of America
The following excerpt is from People v. Johnson, 197 Cal.Rptr.3d 353, 243 Cal.App.4th 1247 (Cal. App. 2016):
People v. McKinnon 2011) 52 Cal.4th 610, 675, 130 Cal.Rptr.3d 590, 259 P.3d 1186.) "The existence of some conceivable tactical purpose will not support a finding that defense counsel invited an error in instructions. The record must reflect that counsel had a deliberate tactical purpose."
[197 Cal.Rptr.3d 372]
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