STATE v. WEITBRECHT

No. 98-2144.

86 Ohio St.3d 368 (1999)

THE STATE OF OHIO, APPELLANT, v. WEITBRECHT, APPELLEE.

Supreme Court of Ohio.

Decided September 8, 1999.


Attorney(s) appearing for the Case

Stephen D. Knowling, Holmes County Assistant Prosecuting Attorney, for appellant.

Kennedy, Cicconetti & Knowlton and David C. Knowlton, for appellee.

Betty D. Montgomery, Attorney General, and Kimberly L. Charles, Assistant Attorney General, urging reversal for amicus curiae, state of Ohio.

Harry R. Reinhart, urging affirmance for amicus curiae, Ohio Association of Criminal Defense Lawyers.


FRANCIS E. SWEENEY, SR., J.

The issue certified for our review is, "Does Ohio's involuntary manslaughter statute [R.C. 2903.04(B) ] as applied to a minor misdemeanor traffic offense which results in a vehicular homicide violate the Eighth Amendment to the United States Constitution and Section 9, Article [I] of the Ohio Constitution?" For the reasons that follow, we answer the certified question in the negative...

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