State of Connecticut v. Jason Shola Akande

Summary

The court affirmed the Appellate Court's judgment, holding that defense counsel implicitly waived a constitutional challenge to the jury instructions by repeatedly declining opportunities to object after receiving and reviewing the proposed supplemental instruction. The court concluded that counsel had a meaningful opportunity to identify the alleged omission, particularly because the jury's request specifically concerned the elements of forgery. The court therefore did not reach the merits of the claimed instructional deficiency. Katz, J., dissenting, would have held that the circumstances did not establish waiver and would have remanded for review of the constitutional claim.