State v. Weitbrecht

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.

R.C. 2903.04 provides, in relevant part:

“(B) No person shall cause the death of another * * * as a proximate result of the offender’s committing or attempting to commit a misdemeanor of…