State v. King

In State v. King, 2006 UT 3, 131 P.3d 202, defense counsel made an affirmative representation to the trial court, both during and after voir dire, that he had no objection to the jury panel that was selected. The Court held that the defendant had failed to preserve the issue of whether the jury was impartial for appellate review and stated that the defendant must demonstrate plain error. The Court recognized, however, that defense counsel's affirmative representations to the court that he had no objections to the jury panel implicated the invited error doctrine. But the Court declined to apply invited error only because the State had failed to raise the issue in its brief.