State v. Hargrove

ATCHESON, J.;

This case presents a confounding question on the scope of the invited error doctrine: Should the doctrine extinguish a criminal defendant’s appeal of a conviction when that challenge rests on a constitutional defect arising from actions the defendant’s lawyer asked the district court to take? In this case, the lawyer for Defendant Sean Amell Hargrove requested and the Johnson County District Court gave a jury instruction that omitted substantive and contested elements of the charged offense—an error compromising the constitutional right to trial by juiy. On balance, policy…