State v. Bellamy
Annotate this CaseAfter a jury trial, Defendant was convicted of two counts of murder and other crimes. Defendant appealed, claiming, inter alia, that the jury instructions on the issue of the accuracy of an identification were prejudicially erroneous and deprived him of a fair trial. Applying the waiver rule in State v. Kitchens, the Appellate Court ultimately concluded that the claim had been waived. The Supreme Court affirmed, holding (1) the Appellate Court did not err in concluding that Defendant waived his unpreserved jury instruction under the rule established in Kitchens; and (2) the rule in Kitchens should not be overturned.
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