otherwise valid waiver in Connecticut

2013Thus, in State v. Fabricatore, 281 Conn. 469, 482 , 915 A.2d 872 (2007), our Supreme Court held that “unpreserved, waived claims, fail under the third prong of Golding . . . .” Similarly, in State v. Corona, 69 Conn. App. 267 , 794 A.2d 565 , cert. denied, 260 Conn. 935 , 802 A.2d 88 (2002), this court held that, “[j]ust as a valid waiver calls into question the existence of a constitutional violation depriving the defendant of a fair trial for the purpose of Golding review, a valid waiver also thwarts plain error review of a claim. [The] [p]lain [e]rror [r]ule may only be invoked in instances

2013Thus, in State v. Fabricatore, 281 Conn. 469, 482 , 915 A.2d 872 (2007), our Supreme Court held that “unpreserved, waived claims, fail under the third prong of Golding . . . .” Similarly, in State v. Corona, 69 Conn. App. 267 , 794 A.2d 565 , cert. denied, 260 Conn. 935 , 802 A.2d 88 (2002), this court held that, “[j]ust as a valid waiver calls into question the existence of a constitutional violation depriving the defendant of a fair trial for the purpose of Golding review, a valid waiver also thwarts plain error review of a claim. [The] [p]lain [e]rror [r]ule may only be invoked in instances

2013Thus, in State v. Fabricatore, 281 Conn. 469, 482 , 915 A.2d 872 (2007), our Supreme Court held that “unpreserved, waived claims, fail under the third prong of Golding . . . .” Similarly, in State v. Corona, 69 Conn. App. 267 , 794 A.2d 565 , cert. denied, 260 Conn. 935 , 802 A.2d 88 (2002), this court held that, “[j]ust as a valid waiver calls into question the existence of a constitutional violation depriving the defendant of a fair trial for the purpose of Golding review, a valid waiver also thwarts plain error review of a claim. [The] [p]lain [e]rror [r]ule may only be invoked in instances

2013Thus, in State v. Fabricatore, 281 Conn. 469, 482 , 915 A.2d 872 (2007), our Supreme Court held that “unpreserved, waived claims, fail under the third prong of Golding . . . .” Similarly, in State v. Corona, 69 Conn. App. 267 , 794 A.2d 565 , cert. denied, 260 Conn. 935 , 802 A.2d 88 (2002), this court held that, “[j]ust as a valid waiver calls into question the existence of a constitutional violation depriving the defendant of a fair trial for the purpose of Golding review, a valid waiver also thwarts plain error review of a claim. [The] [p]lain [e]rror [r]ule may only be invoked in instances

2016This is so because if there has been a valid waiver, there is no error for us to correct." (Internal quotation marks omitted.) State v. Rosado , 147 Conn.App. 688 , 702, 83 A.3d 351 , cert. denied, 311 Conn. 928 , 86 A.3d 1058 (2014).

2016This is so because if there has been a valid waiver, there is no error for us to correct." (Internal quotation marks omitted.) State v. Rosado , 147 Conn.App. 688 , 702, 83 A.3d 351 , cert. denied, 311 Conn. 928 , 86 A.3d 1058 (2014).

2015As our Supreme Court explained in Mozell v. Commissioner of Correction, 291 Conn. 62 , 70–71, 967 A.2d 41 (2009), ‘‘[the] [p]lain [e]rror [r]ule may only be invoked in instances of forfeited-but-reversible error . . . and cannot be used for the purpose of revoking an otherwise valid waiver.

2015As our Supreme Court explained in Mozell v. Commissioner of Correction, 291 Conn. 62 , 70–71, 967 A.2d 41 (2009), ‘‘[the] [p]lain [e]rror [r]ule may only be invoked in instances of forfeited-but-reversible error . . . and cannot be used for the purpose of revoking an otherwise valid waiver.

2011See Whitehead v. Cowan, 263 F.3d 708, 732 (7th Cir.2001) (noting that Illinois courts previously have reached that conclusion, and also have declined to require that defendant be informed that jury's decision to impose death penalty must be unanimous), cert. denied, 534 U.S. 1116 , 122 S.Ct. 927 , 151 L.Ed.2d 890 (2002); see also People v. Shatner, 174 Ill.2d 133, 154 , 220 Ill.Dec. 346 , 673 N.E.2d 258 (1996) (Illinois courts repeatedly have held that defendant need not be expressly advised that vote of single juror may preclude imposition of death penalty).

2011For example, in State v. Cobb, supra, 251 Conn. at 374-75 , 743 A.2d 1 , we rejected the defendant's claim that the trial court's failure to inquire about his understanding of the process of juror selection and voir dire, or its failure to advise him that a three judge panel, unlike a jury, likely would become aware of inadmissible and prejudicial information about the defendant, rendered his waiver unknowing and involuntary.

2011For example, in State v. Cobb, supra, 251 Conn. at 374-75 , 743 A.2d 1 , we rejected the defendant's claim that the trial court's failure to inquire about his understanding of the process of juror selection and voir dire, or its failure to advise him that a three judge panel, unlike a jury, likely would become aware of inadmissible and prejudicial information about the defendant, rendered his waiver unknowing and involuntary.

1988As the majority opinion recognizes, the United States Supreme Court has held in a case remarkably similar to this one that failure of the police to inform a person held in custody of a telephone call from an attorney engaged by another, without the request or knowledge of the suspect, does not undermine an otherwise valid waiver of his rights under the fifth amendment to our federal constitution to remain silent and to the presence of counsel during interrogation. 1 Moran v. Burbine, 475 U.S. 412, 422 , 106 S. Ct. 1135 , 89 L.

1988As the majority opinion recognizes, the United States Supreme Court has held in a case remarkably similar to this one that failure of the police to inform a person held in custody of a telephone call from an attorney engaged by another, without the request or knowledge of the suspect, does not undermine an otherwise valid waiver of his rights under the fifth amendment to our federal constitution to remain silent and to the presence of counsel during interrogation. 1 Moran v. Burbine, 475 U.S. 412, 422 , 106 S. Ct. 1135 , 89 L.

1986State v. Falby, 187 Conn. 6, 17 , 444 A.2d 213 (1982); State v. Wilson, 183 Conn. 280, 283-86 , 439 A.2d 330 (1981). 13 Even if he cannot prevail on Miranda grounds, the defendant claims in the alternative that all three of his statements should have been declared inadmissible because he was intellectually incapable of intelligently giving up his right against self-incrimination.

1986State v. Falby, 187 Conn. 6, 17 , 444 A.2d 213 (1982); State v. Wilson, 183 Conn. 280, 283-86 , 439 A.2d 330 (1981). 13 Even if he cannot prevail on Miranda grounds, the defendant claims in the alternative that all three of his statements should have been declared inadmissible because he was intellectually incapable of intelligently giving up his right against self-incrimination.

1985The present case is clearly distinguishable from those cases where an otherwise valid waiver form was employed and either signed; id., 225; State v. Derrico, 181 Conn. 151, 169 , 434 A.2d 356 , cert. denied, 449 U.S. 1064 , 101 S. Ct. 789 , 66 L.

1985The present case is clearly distinguishable from those cases where an otherwise valid waiver form was employed and either signed; id., 225; State v. Derrico, 181 Conn. 151, 169 , 434 A.2d 356 , cert. denied, 449 U.S. 1064 , 101 S. Ct. 789 , 66 L.

1985The present case is clearly distinguishable from those cases where an otherwise valid waiver form was employed and either signed; id., 225; State v. Derrico, 181 Conn. 151, 169 , 434 A.2d 356 , cert. denied, 449 U.S. 1064 , 101 S. Ct. 789 , 66 L.

1985The present case is clearly distinguishable from those cases where an otherwise valid waiver form was employed and either signed; id., 225; State v. Derrico, 181 Conn. 151, 169 , 434 A.2d 356 , cert. denied, 449 U.S. 1064 , 101 S. Ct. 789 , 66 L.

1985The present case is clearly distinguishable from those cases where an otherwise valid waiver form was employed and either signed; id., 225; State v. Derrico, 181 Conn. 151, 169 , 434 A.2d 356 , cert. denied, 449 U.S. 1064 , 101 S. Ct. 789 , 66 L.