State v. Davis

Summary

The concurrence agrees with the majority's result reversing the Appellate Court but rejects the majority's reasoning for avoiding the established jury-instruction waiver doctrine. It concludes that the doctrine plainly applied because defense counsel had the written charge, had an adequate opportunity to review it, and expressly accepted the instruction, but argues that the doctrine itself improperly converts forfeiture into waiver and should not bar review of an unpreserved constitutional claim.