State v. Herring ( 2016 )

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STATE v. HERRING—FIRST CONCURRENCE
ROGERS, C. J., concurring. For the reasons explained
in my concurrence in State v. Bellamy, 323 Conn. 400,
454, A.3d (2016), I continue to adhere to my belief
that we should overrule our opinion in State v. Kitchens,
299 Conn. 447, 10 A.3d 942 (2011), thereby reinstating
the much narrower conception of implied waiver of
claims of jury instructional error that predated Kitch-
ens. See State v. Bellamy, supra, 454–55. Under the
unique circumstances and for the limited purpose of
the present appeal, however, I concur with and join the
majority opinion.