Commercial Litigation and Arbitration

Invited Error Doctrine and Intervening Change of Law

United States v. Maury, 695 F.3d 227 (3d Cir. 2012):

Under the invited error doctrine, "[a] defendant cannot complain on appeal of alleged errors invited or induced by himself." Console, 13 F.3d at 660 (citation and internal quotation marks omitted). "[W]here a defendant makes a request in favor of certain instructions, he waives the right to complain of error in such instructions on appeal." United States v. Andrews, 681 F.3d 509, 517 n.4, 56 V.I. 1007 (3d Cir. 2012). However, we have held that "[w]here a defendant submits proposed jury instructions in reliance on current law, and on direct appeal that law is declared constitutionally infirm, we will not apply the invited error doctrine. Instead, we will review for plain error." United States v. W. Indies Transp., Inc., 127 F.3d 299, 305, 37 V.I. 579 (3d Cir. 1997) (citing Johnson v. United States, 520 U.S. 461, 465-66, 117 S. Ct. 1544, 137 L. Ed. 2d 718 (1997)); Andrews, 681 F.3d at 517 n.4 (describing exception as applying to instances in which the law relied on by defendant is found to be "constitutionally problematic").

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