State of Connecticut v. Terry P. Herring

Summary

The court affirmed the defendant's convictions, holding that the waiver rule governing unpreserved jury-instruction claims should not be overturned. Because the defendant's instructional claim was waived under that rule, the court declined to review it under the alternative framework he invoked, and it also declined plain-error review because that question was outside the certified scope of the appeal. Rogers, C.J., and Palmer, J., concurring, continued to favor overruling the waiver rule but joined the judgment under the circumstances of this appeal.