State v. Burke

In State v. Burke, 182 Conn. 330, 438 A.2d 93 (1980), the court found plain error where a trial court failed to include the instruction set forth in 54-84 (b) despite the fact that defendant's counsel failed to except to the court's omission of the instruction at the close of the charge. Burke required courts to follow the plain language of the statute, but it did "suggest that prior to delivering the charge to the jury, the trial court, in the absence of the jury, inquire of the defendant and of counsel if they would like the court to instruct the jury that jurors may not draw unfavorable inferences from the defendant's failure to testify." Id., 334.