State v. Kuntz

The State of Wisconsin (State) appeals a decision of the court of appeals which reversed Harold Kuntz's (Kuntz) conviction for arson to a building. The court of appeals concluded that because the jury instructions relieved the State of its burden of proving each element of arson beyond a reasonable doubt, the conviction must be reversed. We con- elude that although the circuit court's instruction created a mandatory conclusive presumption as to an element of the arson charge, the presumption did not play any role in the jury's verdict. Consequently, this case presents the rare situation in…