Question
Please read the following case scenario below. You will be using these facts over the next7 weeks. The case heading and type of case is
Please read the following case scenario below. You will be using these facts over the next7 weeks. The case heading and type of case is listed below.
PEOPLE OF THE STATE OF TEXAS, Plaintiff
VS.
Scott Mayo, Defendant
TYPE OF CASE-Criminal
SUMMARY OF FACTS
Scott Mayo worked as a bartender at The Local Watering Hole. One night at work, Scott got into an argument with Basil Scowen. Mayo owed Scowen $1500.00. The argument heated up and, after Scowen picked up a beer bottle threateningly and appeared to be intoxicated, Mayo grabbed a pistol kept behind the bar and fired at Scowen, killing him. Mayo says Scowen told him, "I am going tokill you," and what he believed was imminent danger from Scowen.Mayo was placed under arrest. He was not read his rights. He was transported to the local county jail. The prosecution witnesses are the police officer, who came to the scene and took statements from Mayo, and a frequent bar customer, Dawn Dietz, who witnessed some of what happened. The defense witnesses are the defendant, Mayo, and Joe, "the fireman", who was outside and saw some of the action through the window while sitting on the patio.
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 appealableissue for Mayo's attorney to file?
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