State of Connecticut v. Jason Shola Akande

Summary

The court affirmed the Appellate Court’s judgment, holding that defense counsel implicitly waived an unpreserved constitutional challenge to the forgery jury instruction. Counsel received the proposed supplemental instruction, had an overnight opportunity to review it, and repeatedly declined to object after the jury specifically requested the forgery elements. Katz, J., dissenting, would have held that waiver doctrine applicable to initial instructions should not extend to a jury-requested supplemental instruction and would have remanded for review of the constitutional claim.