Legal Opinion

State v. Bellamy

Supreme Court of Connecticut

Decided October 25, 2016No. SC19337Published

1ConcurrenceRogers, C. J.

I agree with the defendant, Brandon Montrell Bellamy, that this court's marked expansion of the doctrine of implied waiver of claims of jury instructional error in State v. Kitchens , 299 Conn. 447 , 10 A.3d 942 (2011), was mistaken and, therefore, I would overrule that decision and return to the much narrower conception of implied waiver that previously governed our jurisprudence in this area. Application of a more restrictive implied waiver rule leads me to conclude that the defendant's claim of instructional error is reviewable on its merits pursuant to State v. Golding , 213 Conn. 233 ,…

Also in this document: Concurring in the judgment.

2Cases cited148 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Miranda v. ArizonaSupreme Court of the United States · 1966
  3. Batson v. KentuckySupreme Court of the United States · 1986
  4. United States v. OlanoSupreme Court of the United States · 1993
  5. Johnson v. ZerbstSupreme Court of the United States · 1938

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