State of Connecticut v. Jason Shola Akande — Katz, J., dissenting

Summary

The dissent would hold that the defendant did not waive review of his unpreserved constitutional challenge to a supplemental jury instruction because the instruction was prompted by a jury question rather than requested by the defense, and the record did not show affirmative acquiescence. It would preserve the established waiver framework for supplemental instructions instead of extending the newer waiver approach developed for initial jury charges. The dissent would reverse the Appellate Court's judgment and remand for consideration of the constitutional claim. No separate opinions were provided.