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Hector Rene Solisv.The State

CourtCourt of Appeals of Georgia
Docket No.A23A1752
DecidedMarch 15, 2024
Reporter443 U.S. 307
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal LawEvidenceDue ProcessIneffective Assistance of CounselMotion for New TrialReversal
Case Summary

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.

Opinion

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