Summary
granting certification to review issue of whether “the Appellate Court properly determine[d] that an implied waiver of a claim of instructional error that satisfies [Kitchens ] ... also forecloses plain error review”
Summary of this case from State v. HerringOpinion
09-16-2015
Daniel J. Krisch, assigned counsel, Hartford, in support of the petition. Katherine E. Donoghue, deputy assistant state's attorney, in opposition.
Daniel J. Krisch, assigned counsel, Hartford, in support of the petition.
Katherine E. Donoghue, deputy assistant state's attorney, in opposition.
Opinion
The defendant's petition for certification for appeal from the Appellate Court, 154 Conn.App. 281, 105 A.3d 924 (2014), is granted, limited to the following issue:
“Did the Appellate Court properly determine that an implied waiver of a claim of instructional error that satisfies State v.
Kitchens, 299 Conn. 447, 10 A.3d 942 (2011), also forecloses plain error review?”