State of Connecticut v. Jeffrey P. Gould. — Espinosa, J., Concurring

Summary

The concurrence agrees that the exclusion of a prospective juror for insufficient English proficiency is subject to harmless-error review. It maintains that the trial court's underlying proficiency finding should have been reviewed for clear error and concludes that the record and the court's firsthand observations supported the exclusion for cause. The concurrence criticizes the lower appellate court's use of a sufficiency-of-the-evidence standard rather than clear-error review.