Supreme Court of Connecticut January 5, 2011, SC 18421 (State v. Kitchens)

PALMER, J., with whom KATZ and NORCOTT, Js.,

join, concurring. I agree with, and join, Justice Katz’ thoughtful concurrence. I write separately, however, to underscore why, in my view, the majority is incorrect in finding that defense counsel knowingly and intentionally waived the claim of the defendant, Marvin Kitchens, concerning the constitutionality of the jury charge solely on the basis of