Supreme Court of Connecticut

State v. McClain

March 14, 2017

Summary

The concurrence agrees with the majority that an implied waiver of Golding review does not prevent an appellate court from finding plain error in a jury instruction and that the instructions here were proper. It separately maintains that the Kitchens rule was wrongly decided and should be overruled because plain-error review is an inadequate substitute for ordinary review of constitutional instructional claims.