Victim impact statements are expected to be prepared before the judge decides Flynn’s fate.
A law professor from the University of Dayton explained what will likely happen behind the scenes between now and Caleb Flynn's sentencing after a jury found him guilty on all counts Tuesday afternoon.
Judge Jeannine Pratt scheduled Caleb Flynn's sentencing for Monday, Oct. 5. Until then, victim impact statements are expected to be prepared before the judge decides Flynn’s fate.
Defense attorney Patrick Mulligan, speaking with the media after the verdict, called the outcome disappointing and confirmed the defense’s intent to appeal.
“I fully anticipate that there will be a notice of appeal filed and this decision will be tested thoroughly in the court of appeals,” Mulligan said.
Tom Hagel, Professor of Law Emeritus at the University of Dayton, explained what will likely happen behind the scenes until sentencing next week.
“Both the prosecutor and the defense attorney will probably submit sentencing memoranda suggesting to the judge how the judge should deal with it,” Hagel said. “My guess is that they’ll ask that the execution of the sentence be stayed. That means on hold, not to take effect until they could file their notice of appeal.”
Hagel said defense attorneys are likely to review the trial record for possible errors that could form the basis of an appeal, including rulings on evidence.
“Maybe the admission of evidence that they say was not only erroneous, it shouldn’t have happened, but was prejudicial to the case,” Hagel said. “So they’ll look for trial errors and secondly that it unfairly prejudiced the case.”
Flynn’s defense will have 30 days to file an appeal.
Meanwhile, Prosecuting Attorney Paul Watkins said after the verdict that the focus should shift from Flynn to remembering Ashley. Watkins read a statement on behalf of her family.
“Our prayer is that Ashley’s story does not end with a verdict,” Watkins said. “We pray it continues through her girls, our family, and every person touched by the way she lived. If you want to honor Ashley, love people well, pray boldly for your family, choose joy, and point people to Jesus.”
