State v. Davis

Summary

The concurrence agrees that the implied-waiver rule should not apply because the trial court did not provide the defendant with a written jury charge and only described the charge as being "in essence" the version on the Judicial Branch website. The concurrence separately raises, but does not resolve, concerns that the rule may actually operate as forfeiture and may not apply to plain-error claims. It declines to reconsider the precedent because the defendant did not ask the court to modify or overrule it.