Opinion
09-17-2019
Jennifer B. Smith, assigned counsel, in support of the petition. James M. Ralls, assistant state's attorney, in opposition.
Jennifer B. Smith, assigned counsel, in support of the petition.
James M. Ralls, assistant state's attorney, in opposition.
The defendant's petition for certification to appeal from the Appellate Court, 190 Conn. App. 483, 211 A.3d 82 (2019), is granted, limited to the following issues:
"1. Did the Appellate Court correctly conclude that the defendant's claim of instructional error was not preserved?
"2. If the answer to the first question is ‘no,’ did the Appellate Court incorrectly conclude that the defendant had implicitly waived his instructional claim pursuant to State v. Kitchens, 299 Conn. 447, 10 A.3d 942 (2011) ?"