How have courts treated the issue of improper instruction in a criminal case?

California, United States of America


The following excerpt is from People v. Burt, A140969 (Cal. App. 2015):

Appellant's decision to frame this issue as one of instructional error necessarily leads to the rejection of his argument, because appellant requested CALCRIM No. 375. "The doctrine of invited error bars a defendant from challenging an instruction given by the trial court when the defendant has made a 'conscious and deliberate tactical choice' to 'request' the instruction." (People v. Lucero (2000) 23 Cal.4th 692, 723.) CALCRIM No. 375 is a standard limiting instruction that advised the jury it could not consider the uncharged offenses (whose admissibility appellant does not dispute) to prove bad character or disposition to commit a crime. We can readily infer defense counsel had a

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