State v. McClain
Annotate this CaseAfter a jury trial, Defendant was convicted of, inter alia, murder with a firearm. The Appellate Court affirmed. Defendant appealed, arguing, in part, that the Appellate Court erred in determining that waiver of a claim of instructional error pursuant to State v. Kitchens precluded review of that claim under the plain error doctrine because the implied acquiescence of counsel cannot waive an error of such magnitude. The Supreme Court affirmed, holding (1) a Kitchens waiver does not necessarily foreclose plain error review of that same claim; but (2) the trial court’s decision not to instruct the jury on consciousness of guilt was not plain error.
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