Chapter 6 - 6.12 Invited Error Doctrine

• Jurisdiction: Virginia

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...