STATE v. HARGROVE

No. 105,415.

293 P.3d 787 (2013)

STATE of Kansas, Appellee, v. Sean Arnell HARGROVE, Appellant.

Court of Appeals of Kansas.

February 1, 2013.


Attorney(s) appearing for the Case

Rick Kittel , of Kansas Appellate Defender Office, for appellant.

Andrew J. Dufour , legal intern, Steven J. Obermeier , assistant district attorney, Stephen M. Howe , district attorney, and Derek Schmidt , attorney general, for appellee.

Before GREEN, P.J., ATCHESON and BRUNS, JJ.


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 Arnell Hargrove requested and the Johnson County District Court gave a jury instruction that omitted substantive and...

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