U.S. v. BRANNAN, 2009 WL 736005 (11th Cir. March 23, 2009)
Evidently indecent exposure was a big problem in the Wheeler National Wildlife Refuge in Northern Alabama as it led to Mr. Brannan’s arrest by Federal Wildlife officers who conducted a “covert operation” posing as members of the public walking trails and sitting on park benches. On appeal, the defendant claimed the charging Information was defective because it left out an essential element of the crime by omitting the requirement that the jury find the “sexual act was committed without consent of the victim,” an element of the offense under applicable Alabama law. The appellate court rejected the claim, on the Invited Error Doctrine, finding the defendant encouraged the district court to proceed to trial, knowing the count was incorrect and did not ask for a dismissal at that time.
Tags: covert operation, defective information, indecent exposure, Invited Error Doctrine, sexual act, waiver
