State v. Soto
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The Supreme Court held that the court of appeals correctly held that the conduct of two court personnel triggered a rebuttable presumption against Defendant, holding that remand was required.
The court personnel in this case shared a nonpublic courthouse elevator with a jury during Defendant's trial and either told the jurors to find Defendant guilty and "hang him" or stood quietly in the elevator. On appeal, Defendant argued that the improper juror contact denied him his constitutional right to a fair trial and impartial jury. The court of appeals agreed and reversed Defendant's conviction and remanded the case for a new trial. The Supreme Court affirmed, holding (1) the improper contact violated Defendant's right to an impartial jury and triggered a rebuttable presumption that Defendant was prejudiced by the constitutional error; and (2) the case must be remanded for a determination as to whether the State had met its burden.
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