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BELL v. COMMISSIONER OF CORRECTION—SECOND CONCURRENCE
ECKER, J., concurring in the judgment. I respectfully
disagree with the majority opinion to the extent that it
adopts and applies the harmless error standard set forth
in Brecht v. Abrahamson, 507 U.S. 619, 623, 113 S. Ct.
1710, 123 L. Ed. 2d 353 (1993). See id. (new trial is
mandated if instructional error ‘‘had substantial and
injurious effect or influence in determining the jury’s
verdict’’ (internal quotation marks omitted)). For the
reasons explained in part II of Justice D’Auria’s concur-
ring opinion in Banks v. Commissioner of Correction,
339 Conn. 1, 56, A.3d (2021) (D’Auria, J., con-
curring), I would instead apply the standard articulated
in Neder v. United States, 527 U.S. 1, 18, 119 S. Ct. 1827,
144 L. Ed. 2d 35 (1999), which requires a new trial
unless it is ‘‘clear beyond a reasonable doubt that a
rational jury would have found the defendant guilty
absent the [instructional] error,’’ as I explained in my
separate concurring opinion in Banks v. Commissioner
of Correction, supra, 79 (Ecker, J., concurring in the
judgment and joining part II of Justice D’Auria’s concur-
ring opinion in that case). I nevertheless concur in the
judgment in this case because I agree with the majority
that the failure to give a jury instruction, as required
by State v. Salamon, 287 Conn. 509, 550, 949 A.2d 1092
(2008), was not harmless on this record.