United States Sixth Circuit

Punishing a defendant's act of kicking a woman in the stomach and causing her to miscarry in no way implicates a woman's right to determine the disposition of her pregnancy, recognized in Roe v. Wade and its progeny; thus, upholding a defendant's conviction under Ohio's involuntary manslaughter statute, which did not require proof of the miscarried fetus's viability, does not transgress any reasonable interpretation of the Fourteenth Amendment.

Appellate Information

• Argued 10/24/2001
• Decided 03/12/2002
• Published 03/12/2002

Judges

• Before BOGGS and GILMAN, Circuit Judges;  and QUIST, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Melynda W. Cook Reich (argued and briefed), Schad & Cook, Indian Springs, OH, for Appellant., Wayne Coleman (briefed), Chillicothe, OH, pro se.


• For Appellees:
  
• Jonathan R. Fulkerson (argued and briefed), Office of the Attorney General, Corrections Litigation Section, David M. Gormley (briefed), Office of the Attorney General of Ohio, Columbus, OH, for Appellee.