The People of the State of Colorado v. Charles Anthony Gross

Summary

The court held that the invited-error doctrine barred appellate review of an initial-aggressor instruction that defense counsel deliberately requested, as well as related prosecutorial argument. Although the trial court should have instructed the jury that it could consider self-defense in evaluating extreme-indifference murder, the omission was not plain error because the jury necessarily rejected the same self-defense evidence when it convicted the defendant of second-degree assault. The court reversed the court of appeals and remanded for consideration of two unresolved issues.