State v. Fleming

The opinion of the court was delivered by Luckert, J.:

*508 In this appeal, Willie Fleming questions whether the invited-error doctrine automatically applies when a party requests a jury instruction at trial but claims error on appeal. We consider the rationale underlying the invited-error doctrine, how the doctrine has been applied in Kansas cases involving asserted jury instruction error, whether K.S.A. 22-3414(3) precludes the doctrine's application, and whether the doctrine should be applied here. We hold the invited-error doctrine does not automatically apply every time a party requests an…