State v. Amado
In State v. Amado, 254 Conn. 184, 756 A.2d 274 (2000), the trial court in Amado correctly instructed the jury as to the appropriate standard by which to evaluate the defendant's duty to retreat. Id. at 194, 756 A.2d 274.
The trial court later revisited the issue, but failed to repeat the subjective nature of the inquiry in each of its instructions. Id. at 194-95.
Despite the fact that the trial court in Amado subsequently delivered another instruction in which it reiterated the subjective nature of the jury's inquiry, our Supreme Court's reasoning in that case is illuminating.
The Court upheld the instruction. It concluded that in contrast to a situation in which the trial court might have affirmatively misstated the proper inquiry, "there was not a reasonable possibility that the jury was misled because the trial court referred to the correct standard each time that it discussed the standard." Id. at 195.