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1999 Ohio 235

State v. Carper

Ohio Supreme Court

Decided October 13, 1999

Ohio Supreme Court · decided 1999-10-13

Criminal procedure—Involuntary manslaughter—R.C. 2903.04(B), as applied to a minor misdemeanor traffic offense which results in a vehicular homicide, does not violate the Eighth Amendment to the United States Constitution or Section 9, Article I of the Ohio Constitution—Court of appeals' judgment affirmed on authority of State v. Weitbrecht.

Relies on State v. Weitbrecht · State v. Carper

Decided 1999-10-13

[This opinion has been published in Ohio Official Reports at 
87 Ohio St.3d 35
.]




             THE STATE OF OHIO, APPELLEE, v. CARPER, APPELLANT.
                      [Cite as State v. Carper, 
1999-Ohio-235
.]
Criminal procedure—Involuntary manslaughter—R.C. 2903.04(B), as applied to a
        minor misdemeanor traffic offense which results in a vehicular homicide,
        does not violate the Eighth Amendment to the United States Constitution or
        Section 9, Article I of the Ohio Constitution—Court of appeals’ judgment
        affirmed on authority of State v. Weitbrecht.
   (No. 99-927—Submitted September 15, 1999—Decided October 13, 1999.)
    CERTIFIED by the Court of Appeals for Fayette County, No. CA98-06-009.
                                  __________________
        William N. Eachus and Jeffrey L. Finley, for appellant.
                                  __________________
        {¶ 1} The judgment of the court of appeals is affirmed on the authority of
State v. Weitbrecht (1999), 
86 Ohio St.3d 368
, 
715 N.E.2d 167
.
        MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, COOK AND LUNDBERG
STRATTON, JJ., CONCUR.
        PFEIFER, J., dissents for the reasons stated in his dissenting opinion in State
v. Weitbrecht (1999), 
86 Ohio St.3d 368, 374
, 
715 N.E.2d 167, 172
.
                                  __________________

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