W7 2a Based on the facts provided to you in week 1 discussion #2, the investigation report, the confession by Mayo and the witness statements made by Diet
W7 2a Based on the facts provided to you in week 1 discussion #2, the investigation report, the confession by Mayo and the witness statements made by Dietz and Joe answer the following:
1) 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.
2) Would there be a mandatory-minimum sentence at issue in this case? Discuss why.
3) Are there any appealable issue for Mayo’s attorney to file? STATEMENT OF DAWN DIETZ (PROSECTUION WITNESS)
I Dawn Dietz, state:
My name is Dawn Dietz, I live at 5153 Hot Dog Lane, Glenville.
I am a book writer. I get writer’s block a lot and like to stop at the Local Watering Hole for a change of environment. I stopped at the Hole on my way home and had a few glasses of wine and watched the end of the basketball game. The bar was empty because the Mavericks were being blown out. The bar tender was drinking behind the bar. He was a bit of a jerk. He kept flipping the channel on the TV even though he knew I was watching the game. I complained about the TV. He called me a “red neck” and told me to be quiet. I was deeply insulted by that remark.
When the man walked in that was killed he sat down the other end of the bar. He appeared mad. I went to go to the bathroom before cashing out my tab and going home. As I walked out of the bathroom the bar tender had a gun pointed at the man, he was holding a beer bottle in his hand. The bar tender pointed the gun. The man stated, “I am going to wreck this place if you do not pay me”. The bar tender shot the man. I called 911. The police arrived.
This statement is true to the best of my memory.