State of Connecticut v. Tajah McClain

Summary

The court held that an implied waiver under the Connecticut instructional-error waiver framework does not categorically bar plain-error review because plain error concerns reversibility rather than mere reviewability. Nevertheless, the trial court's failure to give a requested consciousness-of-guilt instruction was not plain error because the instruction was discretionary, the alleged error was not clear and indisputable, and its omission could have benefited the defendant. The court therefore affirmed the Appellate Court's judgment.