State v. Gaitan

(concurring specially)-

I concur in the result reached by the majority, but write separately to address the dissent’s concerns relating to the prosecutor’s peremptory challenge. The determination of whether the prosecutor acted with discriminatory intent in exercising a peremptory challenge is essentially a factual determination to be made by the trial court. State v. Scott, 493 N.W.2d 546, 549 (Minn.1992). Because the trial court’s determination largely turns on evaluating the credibility of the prosecutor’s proffered explanation for the challenge, a reviewing court should give that…