invited error is properly thought doctrine (Texas) · Go Syfert
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invited error is properly thought doctrine in Texas

17 Texas opinions name it 2 courts 1999–2021 2 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Prystash v. Stategreen
texcrimapp · 1999 · cited in 14 Texas opinions naming this issue, 2002–2021
2 sentences

2021See Prystash v. State, 3 S.W.3d 522, 531 (Tex. Crim. App. 1999) (“The doctrine of invited error is properly thought of, not as a species of waiver, but as estoppel.”).

2019Therefore, “[t]he doctrine of invited error is properly thought of, not as a species of waiver, but as estoppel.” Id. at 531 . 18 party] to take advantage of his own wrong.” Woodall, 336 S.W.3d at 644 (quoting Prystash, 3 S.W.3d at 531 ).

914
Ex Parte Williamsgreen
texcrimapp · 2001 · cited in 2 Texas opinions naming this issue, 2006–2006
2 sentences

2006As Justice Keller remarked in her concurring opinion in Williams : “estoppel [is] distinct from waiver and ‘is part of the definition of what can constitute error, and quite reasonably defines error of which a party may complain as excluding those actions of the trial court actually sought by the party to the tribunal.’ ” 65 S.W.3d at 658 (Keller, J„ concurring); see also Pry stash v. State, 3 S.W.3d 522, 531 (Tex.Crim.App.1999) (explaining in an erroneous jury charge case that there is “a crucial distinction between the rules of waiver and the law of invited error,” and that the doctrine of i

2006As Justice Keller remarked in her concurring opinion in Williams: "estoppel [is] distinct from waiver and `is part of the definition of what can constitute error, and quite reasonably defines error of which a party may complain as excluding those actions of the trial court actually sought by the party to the tribunal.'" 65 S.W.3d at 658 (Keller, J., concurring); see also Prystash v. State, 3 S.W.3d 522, 531 (Tex.Crim.App.1999) (explaining in an erroneous jury charge case that there is "a crucial distinction between the rules of waiver and the law of invited error," and that the doctrine of inv

22
Woodall v. Stategreen
texcrimapp · 2011 · cited in 2 Texas opinions naming this issue, 2019–2021
2 sentences

2021“The law of invited error provides that a party cannot take advantage of an error that it invited or caused.” Woodall v. State, 336 S.W.3d 634, 644 (Tex. Crim. App. 2011); see Willeford v. State, 72 S.W.3d 820, 823 (Tex. App.—Fort Worth 2002, pet. ref’d) (“The court of criminal appeals has applied invited error when the defendant ‘invites’ the trial court to do something, the trial court does the act, and thereafter the defendant complains of the trial court’s action.”).

2019Therefore, “[t]he doctrine of invited error is properly thought of, not as a species of waiver, but as estoppel.” Id. at 531 . 18 party] to take advantage of his own wrong.” Woodall, 336 S.W.3d at 644 (quoting Prystash, 3 S.W.3d at 531 ).

12
Willeford v. Stategreen
texapp · 2002 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021“The law of invited error provides that a party cannot take advantage of an error that it invited or caused.” Woodall v. State, 336 S.W.3d 634, 644 (Tex. Crim. App. 2011); see Willeford v. State, 72 S.W.3d 820, 823 (Tex. App.—Fort Worth 2002, pet. ref’d) (“The court of criminal appeals has applied invited error when the defendant ‘invites’ the trial court to do something, the trial court does the act, and thereafter the defendant complains of the trial court’s action.”).

11
Cadd v. Stategreen
texcrimapp · 1979 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019Therefore, “[t]he doctrine of invited error is properly thought of, not as a species of waiver, but as estoppel.” Id. at 531 . 18 1988); Livingston v. State, 739 S.W.2d 311, 341 (Tex. Crim. App. 1987); Gutierrez v. State, 659 S.W.2d 423, 424 (Tex. Crim. App. 1983); Cadd v. State, 587 S.W.2d 736, 741 (Tex. Crim. App. 1979).

11
Livingston v. Stategreen
texcrimapp · 1987 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019Therefore, “[t]he doctrine of invited error is properly thought of, not as a species of waiver, but as estoppel.” Id. at 531 . 18 1988); Livingston v. State, 739 S.W.2d 311, 341 (Tex. Crim. App. 1987); Gutierrez v. State, 659 S.W.2d 423, 424 (Tex. Crim. App. 1983); Cadd v. State, 587 S.W.2d 736, 741 (Tex. Crim. App. 1979).

11
Gutierrez v. Stategreen
texcrimapp · 1983 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019Therefore, “[t]he doctrine of invited error is properly thought of, not as a species of waiver, but as estoppel.” Id. at 531 . 18 1988); Livingston v. State, 739 S.W.2d 311, 341 (Tex. Crim. App. 1987); Gutierrez v. State, 659 S.W.2d 423, 424 (Tex. Crim. App. 1983); Cadd v. State, 587 S.W.2d 736, 741 (Tex. Crim. App. 1979).

11
Ex Parte Martinezgreen
texcrimapp · 2007 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008See also Ex parte Hood, supra, at 677-78 . [44] See note 17, ante. [45] Ex parte Martinez, supra, at 324 .

11
Ex Parte Hoodgreen
texcrimapp · 2007 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008See also Ex parte Hood, supra, at 677-78 . [44] See note 17, ante. [45] Ex parte Martinez, supra, at 324 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Prystash v. Texas green
scotus · 2000
2 sentences

2010“The doctrine of invited error is properly thought of, not as a species of waiver, but as estoppel.” Prystash v. State, 3 S.W.3d 522, 531 (Tex.Crim.App.1999), cert. denied, 529 U.S. 1102 , 120 S.Ct. 1840 , 146 L.Ed.2d 782 (2000). “[T]he law of invited error estops a party from making an appellate error of an action it induced.” Id.

2010“The doctrine of invited error is properly thought of, not as a species of waiver, but as estoppel.” Prystash v. State, 3 S.W.3d 522, 531 (Tex.Crim.App.1999), cert. denied, 529 U.S. 1102 , 120 S.Ct. 1840 , 146 L.Ed.2d 782 (2000). “[T]he law of invited error estops a party from making an appellate error of an action it induced.” Id.

22008–2010
Penry v. Johnson green
scotus · 2001
2 sentences

2008See Abdul-Kabir v. Quarterman, supra, at 1662 ("The trial judge refused to give any of several instructions requested by [Abdul-Kabir] that would have authorized a negative answer to either of the special issues on the basis of `any evidence which, in [the jury's] opinion, mitigated against the imposition of the Death Penalty, including any aspect of the Defendant's character or record.'") (quoting the Joint Appendix of the parties, at 115) (first brackets supplied; second brackets in the original). [42] See Prystash v. State, 3 S.W.3d 522, 531 (Tex.Crim.App. 1999) ("The doctrine of invited er

2008App. 1999) (“The doctrine of invited error is properly thought of, not as a species of waiver, but as estoppel.”) 43 Penry II, supra, at 800; Smith I, supra, at 47-8 ; Smith II, supra, 127 S.Ct. at 1691.

22008–2008
Tucker v. State green
texcrimapp · 1988
1 sentence

2019“Even if the [jury] charge is later found to be erroneous, the accused can not first invite error and then complain about it on appeal.” Tucker, 771 S.W.2d at 534 .

12019–2019
Cowans v. Ohio green
scotus · 2000
2 sentences

2010App. 1999), cert. denied, 529 U.S. 1102 (2000). “[T]he law of invited error estops a party from making an appellate error of an action it induced.” Id.

2010App. 1999), cert. denied, 529 U.S. 1102 (2000). “[T]he law of invited error estops a party from making an appellate error of an action it induced.” Id.

12010–2010
Smith v. Texas green
scotus · 2004
2 sentences

2008See Abdul-Kabir v. Quarterman, supra, at 1662 ("The trial judge refused to give any of several instructions requested by [Abdul-Kabir] that would have authorized a negative answer to either of the special issues on the basis of `any evidence which, in [the jury's] opinion, mitigated against the imposition of the Death Penalty, including any aspect of the Defendant's character or record.'") (quoting the Joint Appendix of the parties, at 115) (first brackets supplied; second brackets in the original). [42] See Prystash v. State, 3 S.W.3d 522, 531 (Tex.Crim.App. 1999) ("The doctrine of invited er

2008Penry II, supra, at 800, 121 S.Ct. 1910 ; Smith I, supra, at 47-8 , 125 S.Ct. 400 ; Smith II, supra, 127 S.Ct. at 1691.

12008–2008
Carbough v. State green
texcrimapp · 1906
2 sentences

1999This Court first pointed out the relationship between the doctrines of estoppel and invited error in jury charges in Carbough v. State, 49 Tex.Crim. 452, 455-56 , 93 S.W. 738 (1906): In the later case of M., K & T.

1999This Court first pointed out the relationship between the doctrines of estoppel and invited error in jury charges in Carbough v. State, 49 Tex.Crim. 452, 455-56 , 93 S.W. 738 (1906): In the later case of M., K & T.

11999–1999

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