03 May ARE THERE ANY APPEALABLE ISSUE FOR MAYOS ATTORNEY TO FILE?
Assuming Mayo is found guilty at trial, what would you recommend as an appropriate sentence for Mayo? Please answer this question from both positions of being the prosecutor and the defense attorney representing Mayo. Discuss why and make sure to support your thoughts.
As I mentioned in week one, I think this would fall under voluntary manslaughter because he “[k]nowingly caus[ed] the death of another person … while under the influence of sudden passion or a sudden fit of rage, which is brought on by serious provocation by the victim that is reasonably sufficient to incite the person into using deadly force” (Ohio Voluntary Manslaughter Laws). This carries a sentence of three to eleven years in prison. As the prosecutor, I would likely seek the lowest sentence unless Mayo had a violent past. As the defense, I would advocate to get the charge dropped to a lower charge and seek one to three years suspended and spent on probation.
Would there be a mandatory-minimum sentence at issue in this case? Discuss why.
Yes. It would be three years because there is a minimum of three years and a maximum of eleven years for voluntary manslaughter in the state of Ohio.
Are there any appealable issue for Mayos attorney to file?
Yes. The individual whos story goes against Mayo already had a preconceived idea about Mayo. Mayos rights were not read to him when he first gave a statement. It would also matter how the prosecution went about the case.
“Ohio Voluntary Manslaughter Laws.” Findlaw. Accessed December 23, 2018. https://statelaws.findlaw.com/ohio-law/ohio-voluntary-manslaughter-laws.html.
Are there any appealable issue for Mayos attorney to file?Are there any appealable issue for Mayos attorney to file?
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