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State v. McClain

Supreme Court of Connecticut.
Sep 16, 2015

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?”