California v. Solorio

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A jury convicted Francisco Javier Solorio of the first degree premeditated murder of his neighbor, Albert Ramos. The prosecution presented evidence that Solorio, motivated by revenge, killed Ramos four months after Ramos stabbed Solorio's brother, Rudy. Solorio appealed his conviction, arguing that the trial court erred in denying his motion for a new trial on grounds of jury misconduct. Although it denied his motion, the court made a factual finding that the jury discussed Solorio's decision not to testify "several times" despite repeated admonitions not to consider that topic. Prejudice from this type of misconduct was presumed, and on this record the Court of Appeal could not conclude the presumption of prejudice was rebutted. Accordingly, the Court reversed and remanded the matter for a new trial. View "California v. Solorio" on Justia Law