Court of appeals upholds Clinton County murder conviction; orders re-sentencing
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The Twelfth District Court of Appeals has affirmed a 1995 capital aggravated murder conviction upon application to reopen the appeal, but reversed and remanded the matter for re-sentencing, according to a judgment posted this week by the court.
In 1995, James R. Goff was convicted of capital aggravated murder, aggravated robbery, aggravated burglary, and grand theft, after a jury determined that he had he broken into the home of 88-year-old Myrtle Rutledge and killed her, according to the court. Goff was later sentenced to death.
The Ohio Supreme Court affirmed Goff's conviction and death sentence in 1998. However, upon successfully appealing the matter to the Federal Sixth Circuit Court of Appeals, the Twelfth District reopened Goff's original appeal.
In his now reopened appeal before the Twelfth District, Goff argued that the trial court erred by denying him his right to allocution at his original sentencing hearing. Writing for a unanimous court, Judge Robert P. Ringland agreed that the trial court's failure to afford Goff with his right to allocution was error that required the matter to be remanded for re-sentencing. Presiding Judge Stephen W. Powell and Judge Robin N. Piper concurred in the opinion.
The decision of the Twelfth District Court of Appeals affirmed Goff's 1995 capital aggravated murder conviction upon application to reopen his appeal, but reversed and remanded the matter for resentencing.
The Twelfth District Court of Appeals has affirmed a 1995 capital aggravated murder conviction upon application to reopen the appeal, but reversed and remanded the matter for re-sentencing, according to a judgment posted this week by the court.
In 1995, James R. Goff was convicted of capital aggravated murder, aggravated robbery, aggravated burglary, and grand theft, after a jury determined that he had he broken into the home of 88-year-old Myrtle Rutledge and killed her, according to the court. Goff was later sentenced to death.
The Ohio Supreme Court affirmed Goff's conviction and death sentence in 1998. However, upon successfully appealing the matter to the Federal Sixth Circuit Court of Appeals, the Twelfth District reopened Goff's original appeal.
In his now reopened appeal before the Twelfth District, Goff argued that the trial court erred by denying him his right to allocution at his original sentencing hearing. Writing for a unanimous court, Judge Robert P. Ringland agreed that the trial court's failure to afford Goff with his right to allocution was error that required the matter to be remanded for re-sentencing. Presiding Judge Stephen W. Powell and Judge Robin N. Piper concurred in the opinion.
The decision of the Twelfth District Court of Appeals affirmed Goff's 1995 capital aggravated murder conviction upon application to reopen his appeal, but reversed and remanded the matter for resentencing.
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