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Criminal Law: Erroneous Instruction – Appellate Review – Waiver

Stephanie Maniscalco//July 16, 2012//

Criminal Law: Erroneous Instruction – Appellate Review – Waiver

Stephanie Maniscalco//July 16, 2012//

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Where a defendant convicted of robbery and armed criminal action challenged an instruction that the trial court submitted to the jury at her request, the proffering of an incorrect instruction is invited error so the defendant waived appellate review by jointly proffering the instruction with the state.

Judgment is affirmed.

State v. Bolden (MLW No. 63888/Case No. SC92175 – 5 pages) (Supreme Court of Missouri, Russell, J.; all concur) Appealed from circuit court, St. Louis City, Riley, J. (Jessica M. Hathaway, St. Louis, for appellant) (Shaun J. Mackelprang and Jayne T. Woods, Jefferson City, for respondent).

Read the full text of this opinion. (PDF)

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