SC19337 - State v. Bellamy (Murder; assault first degree; criminal possession of pistol; carrying pistol without permit; certification from Appellate Court; "The defendant, Brandon Montrell Bellamy, appeals from the judgment of the Appellate Court affirming his conviction, rendered after a jury trial, of two counts of murder in violation of General Statutes § 53a-54a (a), and one count each of assault in the first degree in violation of General Statutes § 53a-59 (a) (5), criminal possession of a pistol in violation of General Statutes § 53a-217c (a), and carrying a pistol without a permit in violation of General Statutes § 29-35. The defendant claims that the Appellate Court incorrectly determined that he waived his unpreserved jury instruction claim under the rule established in State v. Kitchens, 299 Conn. 447, 482–83, 10 A.3d 942 (2011). The defendant further contends that the rule in Kitchens should be overturned because it is confusing, unworkable, interferes with the trial court's discretion to review unpreserved claims and does not serve the interests of justice. We conclude, following a careful review of the record, that the Appellate Court correctly determined that the defendant waived his unpreserved jury instruction claim. We also conclude that the rule in Kitchens should not be overturned. Accordingly, we affirm the judgment of the Appellate Court.")
SC19383 - State v. Herring (Conspiracy to distribute one kilogram or more of cannabis-type substance; possession of one kilogram or more of cannabis-type substance with intent to sell as accessory; waiver of instructional error claim; certification from Appellate Court; "The defendant, Terry P. Herring, appeals from the judgment of the Appellate Court affirming his conviction, rendered after a jury trial, of conspiracy to distribute one kilogram or more of a cannabis-type substance in violation of General Statutes §§ 21a-278 (b) and 53a-48, and possession of one kilogram or more of a cannabis-type substance with intent to sell as an accessory in violation of § 21a-278 (b) and General Statutes § 53a-8. State v. Herring, 151 Conn. App. 154, 155, 173, 94 A.3d 688 (2014). The Appellate Court concluded, inter alia, that, under the waiver rule announced in State v. Kitchens, 299 Conn. 447, 482–83, 10 A.3d 942 (2011), the defendant failed to preserve his claim that the trial court had incorrectly instructed the jury on the state of mind required to find him guilty of both offenses. See State v. Herring, supra, 170–71. On appeal to this court, the defendant does not challenge the Appellate Court's conclusion that he waived his jury instruction claim under Kitchens. Instead, he requests that the waiver rule in Kitchens be overturned and that his claim be reviewed under State v. Golding, 213 Conn. 233, 239–40, 567 A.2d 823 (1989). He contends that, if this court reviews his claim under Golding, he would prevail because the trial court's instruction resulted in harmful error. In the alternative, the defendant seeks review under the plain error doctrine. Our resolution of the defendant's request to overturn the waiver rule is controlled by our decision in State v. Bellamy, 323 Conn. ___, ___, ___ A.3d ___ (2016), in which we considered the rule's continued viability and concluded that it should not be overturned. Accordingly, we reject the defendant's request to overturn the waiver rule in Kitchens and to review his jury instruction claim under Golding. We also decline to review his claim under the plain error doctrine because such review is beyond the scope of the certified question.
The judgment of the Appellate Court is affirmed.
In this opinion the other justices concurred.")