How have courts dealt with a defense counsel's request to issue an instruction in a motion?
California, United States of America
The following excerpt is from People v. Medina, 11 Cal.4th 694, 47 Cal.Rptr.2d 165, 906 P.2d 2 (Cal. 1995):
First, we observe that defense counsel requested the instruction at issue and, accordingly, any error in giving it must be deemed invited error. (People v. Wader, supra, 5 Cal.4th at pp. 657-658, 20 Cal.Rptr.2d 788, 854 P.2d 80.) Although defendant asserts that requesting this instruction reflected his counsel's incompetence, we cannot determine on this record that counsel had no rational
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