Books and Journals Chapter 6 - 6.12 Invited Error Doctrine

Chapter 6 - 6.12 Invited Error Doctrine

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6.12 INVITED ERROR DOCTRINE

The invited error doctrine allows an appellate court to treat an error as waived by a party who has attempted to take advantage of an error that the party introduced.241 In Dufresne v. Commonwealth,242 the Court of Appeals en banc disagreed on whether defense counsel had invited error by requesting that the trial court reduce a charge from robbery to grand larceny, which is not a lesser included offense, then arguing later that the reduction was improper.243 Similarly, the...

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