Lawwly

State v. Weitbrecht

Supreme Court of Ohio

715 N.E.2d 167 (1999)

Relevant factsFree

Nancy Weitbrecht (defendant) suffered an apparent cardiac event while driving, lost consciousness, crossed the center line, and collided with another car, killing its driver as well as Weitbrecht's own husband and friend; there was no evidence of criminal recklessness or negligence. A jury convicted her of manslaughter, and she received a five-year prison sentence, which she challenged as cruel and unusual punishment; the intermediate appellate court agreed with her, and the state appealed to the Ohio Supreme Court.

IssueFree

Whether a five-year prison sentence for a minor misdemeanor traffic offense that results in a vehicular homicide violates the Eighth Amendment's prohibition on cruel and unusual punishment.

Unlock the full brief

Free accounts read 20 full briefs. No card required.