165 Conn. App. 28
Conn. App. Ct.2016Background
- Leach was convicted at trial of first‑degree robbery with a deadly weapon and first‑degree assault by firearm for a January 13, 2013 attempted marijuana robbery.
- At the meet‑up, Leach, in the backseat with Serrano, pointed a gun; Serrano was shot in the leg and money/marijuana were taken.
- Socci and Marucci identified Jean‑Pierre as the accomplice to police; Jean‑Pierre testified in Leach’s trial in exchange for leniency.
- Leach was sentenced to a total term of 14 years imprisonment plus 6 years of special parole.
- On appeal, Leach challenged allegedly imbalanced jury instructions; the State asserted waiver under Kitchens; the appellate court agreed and affirmed the conviction.
- The court held Leach implicitly waived the instructional error claim due to defense counsel’s review and acquiescence; Golding review and supervisory review were declined.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of instructional-error claim under Kitchens | Leach contends instructions were one‑sided and violated rights. | Leach did not waive; counsel objected. | Waived under Kitchens. |
| Golding review when rights are waived | Waiver does not bar Golding review. | Waiver forecloses Golding third prong. | Golding third prong unavailable; claim fails. |
| Court’s use of supervisory authority for unpreserved claims | Review via supervisory powers warranted. | Not appropriate to bypass for unpreserved errors. | Declined to invoke supervisory powers. |
Key Cases Cited
- State v. Kitchens, 299 Conn. 447 (2011) (waiver of jury instruction rights by counsel review and acquiescence standard)
- State v. Bialowas, 160 Conn. App. 417 (2015) (meaningful review and acquiescence analysis in Kitchens context)
- State v. Mungroo, 299 Conn. 667 (2011) (Golding framework when rights waived as to unpreserved claims)
- State v. Golding, 213 Conn. 233 (1989) (constitutional claim waiver; third prong requires actual injustice)
- State v. Elson, 311 Conn. 726 (2014) (supervisory authority not used to bypass unpreserved claims)
