Id., at 752, 974 A.2d 782. With respect to the perjury instruction, although the defendant had submitted a request to charge the jury that it must decide whether a particular statement at issue was material and the state had conceded that it was improper for the trial court to have instructed the jury that the state had proven this element as a matter of law, the Appellate Court determined that the defendant had waived her right to challenge the instruction that was given. Id., at 746, 974 A.2d 782. This court thereafter granted the defendant's petition for certification to appeal limited to the issue of whether “the Appellate Court properly determine [d] that the defendant [had] waived any challenge to the jury instruction regarding the materiality of the defendant's testimony at a deposition....” State v. Paige, 294 Conn. 911, 983 A.2d 275 (2009). We conclude that the defendant did not waive her right to challenge the instruction and, therefore, we reverse the judgment in part.
The Supreme Court currently has several certified appeals before it in which it may address the issue of waiver of instructional errors. See State v. Paige, 294 Conn. 911, 983 A.2d 275 (2009); State v. Baptiste, 294 Conn. 910, 983 A.2d 274 (2009); State v. Mungroo, 291 Conn. 907, 969 A.2d 172 (2009); State v. Akande, 290 Conn. 918, 966 A.2d 237 (2009). In these circumstances, we decline to address the state's waiver claim.