Hector Rene Solisv.The State
Hector Rene Solis was convicted of six counts of sexual battery and cruelty to children after a trial involving allegations that he abused his daughter over many years. On appeal, he raised structural-error, ineffective-assistance, and juror-misconduct claims. The Court of Appeals of Georgia rejected the structural-error and ineffective-assistance arguments and upheld the sexual-battery convictions. It held, however, that jurors had conducted an independent internet search during deliberations and that the State failed to overcome the resulting presumption of prejudice beyond a reasonable doubt. Solis was therefore entitled to a new trial on the cruelty-to-children count. The court affirmed in part and reversed in part, permitting a retrial on that count because the trial evidence was legally sufficient. The decision distinguished the proven trial record from the unresolved effect of the jurors’ outside research.
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