State of Connecticut v. Terry P. Herring

Summary

The court affirmed the Appellate Court's judgment because the defendant did not challenge the determination that his jury-instruction claim was waived under the governing waiver rule, and the court declined to overturn that rule. It also declined plain-error review because that issue fell outside the certified questions. Chief Justice Rogers and Justices Palmer and McDonald, concurring, continued to favor narrowing the implied-waiver rule but joined the judgment for this appeal.