State v. Campbell

Fain, Judge.

Plaintiff-appellant the state of Ohio appeals from the dismissal of one count of an indictment alleging involuntary manslaughter as a result of the commission of a “traffic violation.” Because we conclude that the application of the involuntary manslaughter statute to minor misdemeanors consisting of strict liability traffic violations involving no mental culpability would involve the imposition of punishment that is grossly disproportionate to the offense in violation of the Cruel and Unusual Punishment Clauses of both the United States and Ohio Constitutions, we agree with the…