State v. Baptiste, 310 Conn. 790

Baptiste was convicted at trial of assault of a peace officer (53a-167c) and two counts of interfering with an officer (53a-167a) after a jury trial.
Appellate Court initially affirmed; this Court granted certification and found Golding review on instructional error not waived.
On remand, the Appellate Court held the jury instruction inadequately explained the element 'in the performance of his duties' and remanded for a new trial.
The trial court had instructed the jury that the state must prove the officer was acting in his duties and used reasonable force; the court provided a basic definition but not a detailed, force-specific framework.
This Court ultimately dismissed the appeal as certification was improvidently granted, leaving the conviction in place by dismissal of the appeal.
Key factual background (from Appellate Court): detectives observed drug-related activity; defendant was confronted in a bedroom, resisted, bit an officer, was subsequently restrained, pepper-sprayed, and transported to the station.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Appellate Court properly determined the instruction was inadequate	State contends instruction was adequate	Baptiste argues Ds not acted in performance of duties; need detailed instruction	Certification improvidently granted; appeal dismissed
Whether the trial court's charge properly defined 'in the performance of his duties'	State relies on basic definition	Defendant argues missing detailed force component	Appellate Court's instructional issue; remand warranted was not upheld due to improvident certification
Whether Golding review was waived or preserved	State asserts waiver; Golding applied	Golding review preserved for due process	Golding review considered but certification improvidently granted; no new ruling on merits
Whether the procedural posture requires reversal of the conviction	State: harmless error if any	Error prejudicial, requiring new trial	Appeal dismissed; no reversal on merits
Impact of statutory amendments on the merits	Amendments irrelevant to merits	Amendments do not affect the outcome	Amendments not material to the decision; references updated to current revision

State v. Davis, 261 Conn. 553 (2002) (requires detailed instruction on 'in the performance of his duties' in place of self-defense)
State v. Baptiste, 133 Conn. App. 614 (2012) (Appellate Court error for lack of detailed reasonableness of force element)
State v. Baptiste, 302 Conn. 46 (2011) (certification and remand post-Golding review)
State v. Golding, 213 Conn. 233 (1989) (establishes Golding analysis for due process defenses)