invited error in Alabama

2024"An invited error is waived, unless it rises to the level of plain error." Ex parte Bankhead, 585 So. 2d 112, 126 (Ala. 1991).

2022Invited error applies to death-penalty cases and operates to waive the error unless "it rises to the level of plain error." Ex parte Bankhead, 585 So. 2d 112, 126 (Ala. 1991).' Gobble v. State, 104 So. 3d 920, 945 (Ala. Crim.

2025See Sharifi, 993 So. 2d at 936 (quoting Robitaille, 971 So. 2d at 59 , quoting in turn Phillips, 527 So. 2d at 156 ) (" ' " Under the doctrine of invited error, a defendant cannot by his own voluntary conduct invite error and then seek to profit thereby" ' " ).

2025See Sharifi, 993 So. 2d at 936 (quoting Robitaille, 971 So. 2d at 59 , quoting in turn Phillips, 527 So. 2d at 156 ) (" ' " Under the doctrine of invited error, a defendant cannot by his own voluntary conduct invite error and then seek to profit thereby" ' " ).

2015Murrell v. State, 377 So.2d 1102, 1105 (Ala.Crim.App.), cert. denied, 377 So.2d 1108 (Ala.1979), quoting Aldridge v. State, 278 Ala. 470, 474 , 179 So.2d 51, 54 (1965). ‘The invited error rule has been applied equally in capital cases and noncapital cases.’ Rogers v. State, 630 So.2d 78, 84 (Ala.Crim.App.1991), rev’d on other grounds, 630 So.2d 88 (Ala.1992), aff’d on remand, sub nom.

2010This exhibit was offered and introduced by Gobble. “ ‘Under the doctrine of invited error, a defendant cannot by his own voluntary conduct invite error and then seek to profit thereby.’ Phillips v. State, 527 So.2d 154, 156 (Ala.1988). ‘The doctrine of invited error applies to death-penalty eases and operates to waive any error unless the error rises to the level of plain error.’ Snyder v. State, 893 So.2d 488, 518 (Ala.Crim.App.2003).” Robitaille v. State, 971 So.2d 43, 59 (Ala.Crim.App.2005). “ ‘It would be a sad commentary upon the vitality of the judicial process if an accused could render

2015Murrell v. State, 377 So.2d 1102, 1105 (Ala.Crim.App.), cert. denied, 377 So.2d 1108 (Ala.1979), quoting Aldridge v. State, 278 Ala. 470, 474 , 179 So.2d 51, 54 (1965). ‘The invited error rule has been applied equally in capital cases and noncapital cases.’ Rogers v. State, 630 So.2d 78, 84 (Ala.Crim.App.1991), rev’d on other grounds, 630 So.2d 88 (Ala.1992), aff’d on remand, sub nom.

2015Murrell v. State, 377 So.2d 1102, 1105 (Ala.Crim.App.), cert. denied, 377 So.2d 1108 (Ala.1979), quoting Aldridge v. State, 278 Ala. 470, 474 , 179 So.2d 51, 54 (1965). ‘The invited error rule has been applied equally in capital cases and noncapital cases.’ Rogers v. State, 630 So.2d 78, 84 (Ala.Crim.App.1991), rev’d on other grounds, 630 So.2d 88 (Ala.1992), aff’d on remand, sub nom.

2015Musgrove v. State, 638 So.2d 1347 (Ala.Crim.App.1992), aff’d, 638 So.2d 1360 (Ala.1993), cert. denied, 513 U.S. 845 , 115 S.Ct. 136 , 130 L.Ed.2d 78 (1994).” “‘Perkins v. State, 808 So.2d 1041 (Ala.Crim.App.1999), aff’d, 808 So.2d 1143 (Ala.2001). “ ‘An invited error is waived, unless it rises to the level of plain error.’ ” Williams v. State, 710 So.2d 1276, 1316 (Ala.Crim.App.1996), aff’d, 710 So.2d 1350 (Ala.1997), cert. denied, 524 U.S. 929 , 118 S.Ct. 2325 , 141 L.Ed.2d 699 (1998), quoting Ex parte Bankhead, 585 So.2d 112, 126 (Ala.1991).

2013“Invited error applies in death-penalty cases and operates to waive the error unless the error rises to the level of plain error.” Boyle v. State, 154 So.3d 171, 187 (Ala.Crim.App.2013), citing Williams v. State, 710 So.2d 1276, 1316 (Ala.Crim.App.1996).

2015Murrell v. State, 377 So.2d 1102, 1105 (Ala.Crim.App.), cert. denied, 377 So.2d 1108 (Ala.1979), quoting Aldridge v. State, 278 Ala. 470, 474 , 179 So.2d 51, 54 (1965). ‘The invited error rule has been applied equally in capital cases and noncapital cases.’ Rogers v. State, 630 So.2d 78, 84 (Ala.Crim.App.1991), rev’d on other grounds, 630 So.2d 88 (Ala.1992), aff’d on remand, sub nom.

2010“The invited error rule has been applied equally in capital eases and noncapital cases.” Rogers v. State, 630 So.2d 78, 84 (Ala.Crim.App.1991), rev’d on other grounds, 630 So.2d 88 (Ala.1992), affd on remand, sub nom.

2025In that case, under the doctrine of invited error, which "provides that a party may not complain of error into which he has led the court," Ex parte King, 643 So. 2d 1364, 1366 (Ala. 1993), he cannot now complain that the trial court erred in allocating most of the marital debt to him. 27 CL-2025-0117 In reviewing whether a division of marital property is equitable, an appellate court cannot substitute its judgment for that of the trial court.

2025In that case, under the doctrine of invited error, which "provides that a party may not complain of error into which he has led the court," Ex parte King, 643 So. 2d 1364, 1366 (Ala. 1993), he cannot now complain that the trial court erred in allocating most of the marital debt to him. 27 CL-2025-0117 In reviewing whether a division of marital property is equitable, an appellate court cannot substitute its judgment for that of the trial court.

2017"The doctrine of invited error applies to death-penalty cases and operates to waive any error unless the error rises to the level of plain error." Snyder v. State , 893 So.2d 488 , 518 (Ala. Crim.

2016Luong did not object and, in fact, acquiesced to the circuit court’s removal of juror S.J. immediately before the closing arguments. “ ‘Under the doctrine of invited error, a defendant cannot by his own voluntary conduct invite error and then seek to profit thereby.’ Phillips v. State, 527 So.2d 154, 156 (Ala.1988). ‘The doctrine of invited error applies to death-penalty cases and operates to waive any error unless the error rises to the level of plain error.’ Snyder v. State, 893 So.2d 488, 518 (Ala.Crim.App.2003).” Robitaille v. State, 971 So.2d 43, 59 (Ala.Crim.App.2005).

2025See Sharifi, 993 So. 2d at 936 (quoting Robitaille, 971 So. 2d at 59 , quoting in turn Phillips, 527 So. 2d at 156 ) (" ' " Under the doctrine of invited error, a defendant cannot by his own voluntary conduct invite error and then seek to profit thereby" ' " ).

2025See Sharifi, 993 So. 2d at 936 (quoting Robitaille, 971 So. 2d at 59 , quoting in turn Phillips, 527 So. 2d at 156 ) (" ' " Under the doctrine of invited error, a defendant cannot by his own voluntary conduct invite error and then seek to profit thereby" ' " ).

2012“An invited error is waived, unless it rises to the level of plain error.” Ex parte Bankhead, 585 So.2d 112, 126 (Ala.1991).’ ” ’ See Saunders v. State, 10 So.3d 53, 88 (Ala.Crim.App.2007), quoting Scott v. State, 937 So.2d 1065, 1075 (Ala.Crim.App.2005), quoting in turn Adams v. State, 955 So.2d 1037, 1050-51 (Ala.Crim.App. 2003), rev’d on other grounds, 955 So.2d 1106 (Ala.2005).” Doster v. State, 72 So.3d 50, 84 (Ala.Crim.App.2010). ' When reviewing a ruling on a motion for a change of venue, the Alabama Supreme Court has stated: “An accused is entitled under § 15-2-20 to a change of venue

2012Thus, if any error occurred, it was invited by defense counsel’s actions. “ ‘ “Invited error has been applied to death penalty cases. ‘An invited error is waived, unless it rises to the level of plain error.’ Ex parte Bankhead, 585 So.2d 112, 126 (Ala.1991).” ’ ” Saunders v. State, 10 So.3d 53, 88 (Ala.Crim.App.2007), quoting Scott v. State, 937 So.2d 1065, 1075 (Ala.Crim.App.2005), quoting in turn Adams v. State, 955 So.2d 1037, 1050-51 (Ala.Crim.App.2003).

2012“An invited error is waived, unless it rises to the level of plain error.” Ex parte Bankhead, 585 So.2d 112, 126 (Ala.1991).’ ” ’ See Saunders v. State, 10 So.3d 53, 88 (Ala.Crim.App.2007), quoting Scott v. State, 937 So.2d 1065, 1075 (Ala.Crim.App.2005), quoting in turn Adams v. State, 955 So.2d 1037, 1050-51 (Ala.Crim.App. 2003), rev’d on other grounds, 955 So.2d 1106 (Ala.2005).” Doster v. State, 72 So.3d 50, 84 (Ala.Crim.App.2010). ' When reviewing a ruling on a motion for a change of venue, the Alabama Supreme Court has stated: “An accused is entitled under § 15-2-20 to a change of venue

2012Thus, if any error occurred, it was invited by defense counsel’s actions. “ ‘ “Invited error has been applied to death penalty cases. ‘An invited error is waived, unless it rises to the level of plain error.’ Ex parte Bankhead, 585 So.2d 112, 126 (Ala.1991).” ’ ” Saunders v. State, 10 So.3d 53, 88 (Ala.Crim.App.2007), quoting Scott v. State, 937 So.2d 1065, 1075 (Ala.Crim.App.2005), quoting in turn Adams v. State, 955 So.2d 1037, 1050-51 (Ala.Crim.App.2003).

2010Musgrove v. State, 638 So.2d 1347 (Ala.Crim.App.1992), aff'd, 638 So.2d 1360 (Ala.1993), cert. denied, 513 U.S. 845 , 115 S.Ct. 136 , 130 L.Ed.2d 78 (1994).’ “ ‘ “Perkins v. State, 808 So.2d 1041 (Ala.Crim.App.1999), aff'd, 808 So.2d 1143 (Ala.2001). ‘ “An invited error is waived, unless it rises to the level of plain error.” ’ Williams v. State, 710 So.2d 1276, 1316 (Ala.Crim.App.1996), aff'd, 710 So.2d 1350 (Ala.1997), cert. denied, 524 U.S. 929 , 118 S.Ct. 2325 , 141 L.Ed.2d 699 (1998), quoting Ex parte Bankhead, 585 So.2d 112, 126 (Ala.1991). ‘To rise to the level of plain error, the claim

2003Musgrove v. State, 638 So.2d 1347 (Ala.Crim.App.1992), aff'd, 638 So.2d 1360 (Ala.1993), cert. denied, 513 U.S. 845 , 115 S.Ct. 136 , 130 L.Ed.2d 78 (1994).' " Perkins v. State, 808 So.2d 1041 (Ala.Crim.App.1999), aff'd, 808 So.2d 1143 (Ala.2001). '"An invited error is waived, unless it rises to the level of plain error."' Williams v. State, 710 So.2d 1276, 1316 (Ala.Crim.App.1996), aff'd, 710 So.2d 1350 (Ala.1997), cert. denied, 524 U.S. 929 , 118 S.Ct. 2325 , 141 L.Ed.2d 699 (1998), quoting Ex parte Bankhead, 585 So.2d 112, 126 (Ala.1991). `To rise to the level of plain error, the claimed er

2012“An invited error is waived, unless it rises to the level of plain error.” Ex parte Bankhead, 585 So.2d 112, 126 (Ala.1991).’ ” ’ See Saunders v. State, 10 So.3d 53, 88 (Ala.Crim.App.2007), quoting Scott v. State, 937 So.2d 1065, 1075 (Ala.Crim.App.2005), quoting in turn Adams v. State, 955 So.2d 1037, 1050-51 (Ala.Crim.App. 2003), rev’d on other grounds, 955 So.2d 1106 (Ala.2005).” Doster v. State, 72 So.3d 50, 84 (Ala.Crim.App.2010). ' When reviewing a ruling on a motion for a change of venue, the Alabama Supreme Court has stated: “An accused is entitled under § 15-2-20 to a change of venue

2012Thus, if any error occurred, it was invited by defense counsel’s actions. “ ‘ “Invited error has been applied to death penalty cases. ‘An invited error is waived, unless it rises to the level of plain error.’ Ex parte Bankhead, 585 So.2d 112, 126 (Ala.1991).” ’ ” Saunders v. State, 10 So.3d 53, 88 (Ala.Crim.App.2007), quoting Scott v. State, 937 So.2d 1065, 1075 (Ala.Crim.App.2005), quoting in turn Adams v. State, 955 So.2d 1037, 1050-51 (Ala.Crim.App.2003).

2008“Moreover, ‘[u]nder the doctrine of invited error, a defendant cannot by his own voluntary conduct invite error and then seek to profit thereby.’ Phillips v. State, 527 So.2d 154, 156 (Ala.1988). “‘A party cannot assume inconsistent positions in the trial and appellate courts and, as a general rule, will not be permitted to allege an error in the trial court proceedings which was invited by him or was a natural consequence of his own actions.” ’ Campbell v. State, 570 So.2d 1276, 1282 (Ala.Crim.App.1990) (quoting Leverett v. State, 462 So.2d 972, 976-77 (Ala.Crim.App.1984)).

2008“Moreover, ‘[u]nder the doctrine of invited error, a defendant cannot by his own voluntary conduct invite error and then seek to profit thereby.’ Phillips v. State, 527 So.2d 154, 156 (Ala.1988). “‘A party cannot assume inconsistent positions in the trial and appellate courts and, as a general rule, will not be permitted to allege an error in the trial court proceedings which was invited by him or was a natural consequence of his own actions.” ’ Campbell v. State, 570 So.2d 1276, 1282 (Ala.Crim.App.1990) (quoting Leverett v. State, 462 So.2d 972, 976-77 (Ala.Crim.App.1984)).

2016In other words, ‘[a] party cannot win a reversal on an error that party has invited the trial court to commit.’ Neal v. Neal, 856 So.2d 766, 784 (Ala.2002).

2016In other words, ‘[a] party cannot win a reversal on an error that party has invited the trial court to commit.’ Neal v. Neal, 856 So.2d 766, 784 (Ala.2002).

2010Musgrove v. State, 638 So.2d 1347 (Ala.Crim.App.1992), aff'd, 638 So.2d 1360 (Ala.1993), cert. denied, 513 U.S. 845 , 115 S.Ct. 136 , 130 L.Ed.2d 78 (1994).’ “ ‘ “Perkins v. State, 808 So.2d 1041 (Ala.Crim.App.1999), aff'd, 808 So.2d 1143 (Ala.2001). ‘ “An invited error is waived, unless it rises to the level of plain error.” ’ Williams v. State, 710 So.2d 1276, 1316 (Ala.Crim.App.1996), aff'd, 710 So.2d 1350 (Ala.1997), cert. denied, 524 U.S. 929 , 118 S.Ct. 2325 , 141 L.Ed.2d 699 (1998), quoting Ex parte Bankhead, 585 So.2d 112, 126 (Ala.1991). ‘To rise to the level of plain error, the claim

2007See, e.g., Clark v. State, 896 So.2d 584, 640 (Ala.Crim.App.2003); Lewis v. State, 889 So.2d 623, 651 (Ala.Crim.App.2003); McNabb v. State, 887 So.2d 929, 989 (Ala.Crim.App.2001) (all recognizing the application of the invited-error rule in capital cases).

2015Musgrove v. State, 638 So.2d 1347 (Ala.Crim.App.1992), aff’d, 638 So.2d 1360 (Ala.1993), cert. denied, 513 U.S. 845 , 115 S.Ct. 136 , 130 L.Ed.2d 78 (1994).” “‘Perkins v. State, 808 So.2d 1041 (Ala.Crim.App.1999), aff’d, 808 So.2d 1143 (Ala.2001). “ ‘An invited error is waived, unless it rises to the level of plain error.’ ” Williams v. State, 710 So.2d 1276, 1316 (Ala.Crim.App.1996), aff’d, 710 So.2d 1350 (Ala.1997), cert. denied, 524 U.S. 929 , 118 S.Ct. 2325 , 141 L.Ed.2d 699 (1998), quoting Ex parte Bankhead, 585 So.2d 112, 126 (Ala.1991).

2010Musgrove v. State, 638 So.2d 1347 (Ala.Crim.App.1992), aff'd, 638 So.2d 1360 (Ala.1993), cert. denied, 513 U.S. 845 , 115 S.Ct. 136 , 130 L.Ed.2d 78 (1994).’ “ ‘ “Perkins v. State, 808 So.2d 1041 (Ala.Crim.App.1999), aff'd, 808 So.2d 1143 (Ala.2001). ‘ “An invited error is waived, unless it rises to the level of plain error.” ’ Williams v. State, 710 So.2d 1276, 1316 (Ala.Crim.App.1996), aff'd, 710 So.2d 1350 (Ala.1997), cert. denied, 524 U.S. 929 , 118 S.Ct. 2325 , 141 L.Ed.2d 699 (1998), quoting Ex parte Bankhead, 585 So.2d 112, 126 (Ala.1991). ‘To rise to the level of plain error, the claim

2015Murrell v. State, 377 So.2d 1102, 1105 (Ala.Crim.App.), cert. denied, 377 So.2d 1108 (Ala.1979), quoting Aldridge v. State, 278 Ala. 470, 474 , 179 So.2d 51, 54 (1965). ‘The invited error rule has been applied equally in capital cases and noncapital cases.’ Rogers v. State, 630 So.2d 78, 84 (Ala.Crim.App.1991), rev’d on other grounds, 630 So.2d 88 (Ala.1992), aff’d on remand, sub nom.

2010As we have said in applying the invited-error doctrine, “ ‘It would be a sad commentary upon the vitality of the judicial process if an accused could render it impotent by his own choice.’ ” Murrell v. State, 377 So.2d 1102, 1105 (Ala.Crim.App.), cert. denied, 377 So.2d 1108 (Ala.1979), quoting Aldridge v. State, 278 Ala. 470, 474 , 179 So.2d 51, 54 (1965).