State v. Manhart

The state has appealed three separate orders from three separate cases dismissing indictments for involuntary manslaughter in violation of R.C. 2903.04(B). We reverse in all three cases.

I

These appeals originate from three separate cases below, all addressing the constitutionality of R.C. 2903.04(B). Prior to September 29, 1994, R.C. 2903.04(B) stated: “No person shall cause the death of another as a proximate result of the offender’s committing or attempting to commit a misdemeanor.” 144 Ohio Laws, Part I, 1566, 1570. In State v. Collins (1993), 67 Ohio St.3d 115, 616 N.E.2d 224, syllabus,…