(A) Before imposing sentence upon, or entering an order of disposition for, a defendant or alleged juvenile offender for the commission of a criminal offense or delinquent act, the court shall permit the victim and victim's representative, if applicable, to be heard orally, in writing, or both during the sentencing or disposition proceeding. The court may give copies of any written statement made by a victim or victim's representative to the defendant or alleged juvenile offender and defendant's or alleged juvenile offender's counsel and may give any written statement made by the defendant or alleged juvenile offender to the victim, victim's representative, or victim's attorney, if applicable, and the prosecutor. The court may redact any information contained in a written statement that the court determines is not relevant to and will not be relied upon in the sentencing or disposition decision. The victim's or victim's representative's oral statement is not subject to cross-examination. The written statement of the victim or victim's representative or the defendant or alleged juvenile offender is confidential and is not a public record as used in section 149.43 of the Revised Code. Any person to whom a copy of a written statement was released by the court shall return it to the court immediately following sentencing or disposition.
(B) The court shall consider a statement made by a victim or victim's representative under division (A) of this section along with other factors that the court is required to consider in imposing sentence or in determining the order of disposition. If the statement includes new material facts, the court shall not rely on the new material facts unless it continues the sentencing or dispositional proceeding or takes other appropriate action to allow the defendant or alleged juvenile offender an adequate opportunity to respond to the new material facts.
Last updated March 9, 2023 at 3:54 PM
Notes of Decisions
Cited in 68
cases (19 in the last 5 years), 1998–2026 · leading case: State v. Ali, 2019 Ohio 3864 (Ohio Ct. App. 2019).
State v. Ali, 2019 Ohio 3864 (Ohio Ct. App. 2019). · cites it 25ד] The trial court's reliance on unproven accusations of other crimes and previously undisclosed facts violated R.C. 2930.14 and defendant-appellant's Fourteenth Amendment right to due process and a fundamentally fair sentencing proceeding.”
State v. Herring, 762 N.E.2d 940 (Ohio 2002). · cites it 2דPursuant to R.C. 2930.14(A), Aziz and Marinelli made victim-impact statements pertaining to the sentences for the attempted aggravated murder counts.”
State v. White, 709 N.E.2d 140 (Ohio 1999). · cites it 3דFurther, former R.C. 2930.14 allows the victim to make a statement prior to sentencing.”
State v. Hites, 2012 Ohio 1892 (Ohio Ct. App. 2012). · cites it 2ד{¶21} Initially, we note that R.C. 2930.14 only addresses a victim’s statement.”
Disciplinary Couns. v. O'Neill, 815 N.E.2d 286 (Ohio 2004). · cites it 2ד{¶ 18} Similarly, in a tenth case, a defendant charged with bank robbery made an unexpected plea of guilty to the full indictment at a first pretrial, and the prosecutor requested a continuance until a bank teller was able to be present to make a victim-impact statement, a…”
State v. Green, 2000 Ohio 182 (Ohio 2000). · cites it 2ד, R.C. 2930.14; R.C. 2930.02; cf. State v. White (1999), 85 Ohio St.”
State v. Herring, 2002 Ohio 796 (Ohio 2002). · cites it 2דPursuant to R.C. 2930.14(A), Aziz and Marinelli made victim- impact statements pertaining to the sentences for the attempted aggravated murder counts.”
State v. Sheppard, 2011 Ohio 3516 (Ohio Ct. App. 2011). · cites it 8דBeyond her unsupported argument concerning R.C. 2930.14, Ms. Sheppard does not argue that her sentence was clearly and convincingly contrary to law.”
State v. Taft, 2019 Ohio 1565 (Ohio Ct. App. 2019). · cites it 3דIf the victim chooses to make a statement at sentencing, the trial court is required to consider the statement along with all other sentencing considerations. R.C. 2930.”
State v. Tate, 2013 Ohio 5167 (Ohio Ct. App. 2013). · cites it 3ד{¶ 57} Under this assignment of error, Darrell argues that the trial court erred when it failed to provide him with an opportunity to respond to Janise’s victim impact statement as required by R.C. 2930.14(B). The statute provides that: The court shall consider a victim's…”
State v. Franklin, 97 Ohio St. 3d 1 (Ohio 2002). “While appellant contends that the trial court must have considered the statements in sentencing him to death, since R.C. 2930.14(B) required the court to consider them in sentencing appellant on the noncapital crimes, we cannot concur.”
State v. Franklin, 2002 Ohio 5304 (Ohio 2002). “While appellant contends that the trial court must have considered the statements in sentencing him to death, since R.C. 2930.14(B) required the court to consider them in sentencing appellant on the noncapital crimes, we cannot concur.”
State v. Herring, 762 N.E.2d 940 (Ohio 2002). “Pursuant to R.C. 2930.14(A), Aziz and Marinelli made victim-impact statements pertaining to the sentences for the attempted aggravated murder counts.”
State v. Herring, 2002 Ohio 796 (Ohio 2002). “Pursuant to R.C. 2930.14(A), Aziz and Marinelli made victim- impact statements pertaining to the sentences for the attempted aggravated murder counts.”
State v. White, 709 N.E.2d 140 (Ohio 1999). “Further, former R.C. 2930.14 allows the victim to make a statement prior to sentencing.”
State v. Taft, 2019 Ohio 1565 (Ohio Ct. App. 2019). “If the victim chooses to make a statement at sentencing, the trial court is required to consider the statement along with all other sentencing considerations. R.C. 2930.”
State v. Ali, 2019 Ohio 3864 (Ohio Ct. App. 2019). “] The trial court's reliance on unproven accusations of other crimes and previously undisclosed facts violated R.C. 2930.14 and defendant-appellant's Fourteenth Amendment right to due process and a fundamentally fair sentencing proceeding.”
— Ohio Rev. Code § 2930.14(B) — 41 cases
State v. Ali, 2019 Ohio 3864 (Ohio Ct. App. 2019). “] The trial court's reliance on unproven accusations of other crimes and previously undisclosed facts violated R.C. 2930.14 and defendant-appellant's Fourteenth Amendment right to due process and a fundamentally fair sentencing proceeding.”
State v. Herring, 762 N.E.2d 940 (Ohio 2002). “Pursuant to R.C. 2930.14(A), Aziz and Marinelli made victim-impact statements pertaining to the sentences for the attempted aggravated murder counts.”
State v. Tate, 2013 Ohio 5167 (Ohio Ct. App. 2013). “{¶ 57} Under this assignment of error, Darrell argues that the trial court erred when it failed to provide him with an opportunity to respond to Janise’s victim impact statement as required by R.C. 2930.14(B). The statute provides that: The court shall consider a victim's…”
State v. Sheppard, 2011 Ohio 3516 (Ohio Ct. App. 2011). “Beyond her unsupported argument concerning R.C. 2930.14, Ms. Sheppard does not argue that her sentence was clearly and convincingly contrary to law.”
State v. Franklin, 97 Ohio St. 3d 1 (Ohio 2002). “While appellant contends that the trial court must have considered the statements in sentencing him to death, since R.C. 2930.14(B) required the court to consider them in sentencing appellant on the noncapital crimes, we cannot concur.”
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