State v. Herring

Opinion

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STATE v. HERRING—FIRST CONCURRENCE

ROGERS, C. J., concurring. For the reasons explained in my concurrence in State v. Bellamy, 323 Conn. 400, 454, A.3d (2016), I continue to adhere to my belief that we should overrule our opinion in State v. Kitchens, 299 Conn. 447, 10 A.3d 942 (2011), thereby reinstating the much narrower conception of implied waiver of claims of jury instructional error that predated Kitchens . See State v. Bellamy, supra, 454–55. Under the unique circumstances and for the limited purpose of the present appeal, however, I concur with and join the majority opinion.