Allen Houston James v. United States

Courts of appeals broadly recognize that the invited-error doctrine precludes a party from challenging on appeal an action that he invited the district court to take. Some courts treat the invited error as waiver itself, regardless of whether the party intentionally relinquished a known right. These courts preclude appellate review entirely or allow it only in extreme circumstances, such as to avoid manifest injustice. Other courts require the invited error to also be deliberate or a knowing waiver before barring appellate review. These courts permit plain error review of a party’s innocent mistakes. The questions presented are:

1. When a criminal defendant invites the district court to commit an error, is that error reviewable for plain error if the defendant did not intentionally relinquish a known right when he invited the court’s action?

2. If a criminal defendant mistakenly proposes an incorrect jury instruction, does plain error review apply to the requested instruction?