State v. Gould
Annotate this CaseAfter a jury trial, Defendant was found guilty of sexual assault in the first degree. The Appellate Court affirmed the conviction, concluding that the trial court erred in excluding a prospective juror for cause on the ground that he was “not able to speak and understand the English language” within the meaning of Conn. Gen. Stat. 51-217(a)(3), but the error was not prejudicial. Defendant appealed, arguing that the trial court’s purportedly improper exclusion of the prospective juror should constitute per se reversible error. The Supreme Court affirmed, holding (1) the Appellate Court did not err in determining that the trial court’s excusal of the prospective juror for cause under Conn. Gen. Stat. 51-217(a)(3) was subject to reversal only upon a showing of prejudice; and (2) the improper removal of the prospective juror did not entitle Defendant to a new trial in the absence of a showing of prejudice.
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