Part II

• Based on my conclusions in your IRAC method memo, construct an indictment. Use the below resources to help structure my indictment.

Issue:

Is manslaughter the best possible charge against Cecilia in this scenario

or does the state have enough evidence for a first-degree murder charge?

What charges will be indicted on as a result of her actions?

Facts:

`Cecelia and Robbie are a married couple and they have been dealing with some marital troubles for the past several months. Cecelia suspects that her husband Robbie has been resuming an intimate relationship with his co-worker Helen. Cecelia's suspicions arise from the fact that Robbie has frequently been coming home late from work, and he has been spending weekends away on business trips with Helen. Last week Cecelia arrived home from work to find Robbie speaking on his cell phone. Cecelia suspects that Robbie may be speaking to Helen, because she overhears Robbie saying things such as, "I enjoy spending time with you," and "let's get away for the weekend and I will tell Cecelia it is another work trip". Cecelia interrupts Robbie and asks him with whom he is speaking. Robbie is startled but replies that he is speaking with a client. Angered by what she believes is a lie, Cecelia storms into the bedroom and slams the door. After spending some time in the bedroom, Cecelia decides to confront Robbie. While yelling at him she tells him, "I know you've been cheating on me!" Distraught and visibly angry, Robbie replies, "Yes, what else did you expect? You're a lousy wife, and I never wanted to marry you." He then hits Cecelia and pushes her to the floor causing a bruise to her chest and my left arm. Robbie pauses for a moment to await Cecelia's response. Hearing none, he continues his tirade: "I'll divorce you in a hot second.I'll get the best divorce lawyer in town, and you'll walk out of this marriage without a dime." A moment later, Cecelia asked Robbie whether he really meant what he said. He responds that he did and also says "what are you going to about it?" Cecelia replies, "give me a minute," and then begins to experience an intense panic attack with accompanying heart palpitations which, according to her account of the incident, clouded her ability to think clearly. A few moments later, she walks over to the closet to grab a handgun, and hides it behind her back. Cecelia then walks over to Robbie and shoots him 10 times in various parts of his body. He soon dies as a result. After shooting Robbie, she goes to his phone to pull up Helen's address and phone number. She drives over to Helen's house and knocks on her door. When Helen answers she shoots her in the chest and then takes off back to her vehicle where she quickly drives off. Cecelia is later apprehended for the murder of Robbie and Helen.

Rule:

According to Minn. Stat. 609.185(a) Whoever does any of the following is guilty of murder in the first degree and shall be sentenced to imprisonment for life:

(1) causes the death of a human being with premeditation and with intent to effect the death of the person or of another;Minn. Stat. 609.185

Whoever does any of the following is guilty of manslaughter in the first degree and may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $ 30,000, or both: (1) intentionally causes the death of another person in the heat of passion provoked by such words or acts of another as would provoke a person of ordinary self-control under like circumstances, provided that the crying of a child does not constitute provocation;

Minn. Stat. Ann. 609.20 (LexisNexis, Lexis Advance through the end of the 2023 regular session)

Analysis:

Cecelia had begun to experience an intense panic attack with accompanying heart palpitations which, according to her account of the incident, clouded her ability to think clearly. Right after that she committed the crime by shooting her husband 10 times following up with Helen being shot as well. In State v. Leinweber, 303 Minn. 414, 228 N.W.2d 120 (1975) Defendant shot his wife with her rifle in the family's kitchen, but claimed that he was in the act of dislodging jammed shells and was unaware of her presence. He also had witnesses testify that the couple had been arguing and that the wife intended to seek a divorce. The defendant, frustrated and desperate about the apparently imminent breakup of his marriage, intentionally shot his wife in the heat of passion aroused by bitter domestic argument. under Minn. Stat. 609.20 court did not instruct the jury on first degree manslaughter, and where Minn.Stat. 611.02 entitled the defendant to be convicted of the lowest degree of homicide where there was reasonable doubt as to which degree he was guilty.

Conclusion:

According to statute, cases , the defendant is guilty and can be charged with manslaughterto any degree. Cecilia will/ shall be convicted only of the lowest.