State v. Kircher

Michael Kircher appeals a conviction of homicide by intoxicated use of a vehicle. He contends: (1) the statute under which he was prosecuted, § 940.09, STATS., is unconstitutional because it requires him to prove his innocence by establishing an affirmative defense; (2) the prosecution's destruction of a tape recording of a 911 telephone call he placed after the accident prohibited him from establishing the affirmative defense; (3) he was denied his constitu- , tional right to a unanimous jury verdict when the trial court failed to instruct the jury that it must unani mously agree before…