Legal Opinion · Dissent

State v. Roberts

Ohio Supreme Court

Decided October 22, 2013No. 2007-2288Published

1DissentO’Donnell, J.

{¶ 101} Respectfully, I dissent.

{¶ 102} The principal focus of this appeal concerns whether a trial court commits reversible error if it fails to include in its statutorily mandated capital-offense sentencing opinion a statement that it has considered the allocution of a convicted murderer. However, allocution is a statutory right, not a constitutional one, and it necessarily follows that the court’s failure to affirmatively state that it *252considered the allocution does not rise to the level of constitutional error. Further, this court has never required the trial court to discuss in its…

2Cases cited37 opinions

  1. Eddings v. OklahomaSupreme Court of the United States · 1982
  2. Hill v. United StatesSupreme Court of the United States · 1962
  3. Clemons v. MississippiSupreme Court of the United States · 1990
  4. State v. LottOhio Supreme Court · 1990
  5. McGautha v. CaliforniaSupreme Court of the United States · 1971

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