On April 14, 2021, the Supreme Court of Ohio heard oral argument in State of Ohio v. Manson M. Bryant, 2020-0599. At issue in this case is whether a defendant’s expletive-laden outburst directed at the judge after his sentence was announced constitutes a lawful basis for the judge to increase the defendant’s sentence, or whether it should be solely punishable as contempt of court.
Initially, the trial court sentenced Bryant to an aggregate term of twenty-two years. When the judge announced the sentence, Bryant became angry, let loose a torrent of cusswords at the judge and accused him of racism. The judge, responding directly to Bryant, stated, “When I said that you had a certain amount of remorse, I was mistaken,” and changed the sentences on two of the counts to the maximum sentence, effectively adding six years to Bryant’s sentence. Bryant appealed.
“How can a court really determine whether someone is remorseful?” - Justice Stewart, to the Assistant Public Defender
“Where in the statute does it say the judge can consider courtroom behavior at sentencing to impose additional terms related to what the legislature says can punish the crimes of robbery and burglary?” - Justice Donnelly, to the Assistant County Prosecutor
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https://legallyspeakingohio.com/2021...nson-m-bryant/