State v. Roberts
Ohio Supreme Court
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
- Eddings v. OklahomaSupreme Court of the United States · 1982
- Hill v. United StatesSupreme Court of the United States · 1962
- Clemons v. MississippiSupreme Court of the United States · 1990
- State v. LottOhio Supreme Court · 1990
- McGautha v. CaliforniaSupreme Court of the United States · 1971
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