State v. Gould

Summary

The concurrence agrees that exclusion of a prospective juror for insufficient English proficiency is subject to harmless-error review. It reasons that the trial court’s finding about the juror’s language proficiency is factual and must be reviewed for clear error, while the exclusion decision itself is reviewed for abuse of discretion. Applying those standards, the concurrence concludes that the trial court’s finding and exclusion of the juror were supported by the record. The concurrence does not address the ultimate disposition reached by the majority.