State v. Thomas W.
Annotate this CaseAfter a jury trial, Defendant Thomas W. was convicted of risk of injury to a child and sexual assault in the fourth degree. On appeal, Defendant contended that the trial court improperly diluted the State's burden of proof and placed the burden of proof on Defendant by instructing the jurors that they must decide whether Defendant was "innocent or guilty" of the crimes for which he was charged. The appellate court declined to review Defendant's claim on the ground of waiver, concluding that Defendant waived his claim of instructional error. The Supreme Court granted certification. At issue was whether Defendant could be deemed to have waived his objection to certain language in the final instructions to the jury when, after a charging conference and other procedures consistent with the standard set forth in State v. Kitchens, Defendant did not object to that language but previously had objected to essentially the same language in the trial court's preliminary instructions to the jury. The Supreme Court affirmed the appellate court's judgment, holding that, under the facts of the case, Defendant waived his claim under the general rule enunciated in Kitchens.
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