State v. Hayward

¶1 Joshua Hayward appeals his conviction for second degree assault. He argues that the jury instruction defining “recklessness” created a mandatory presumption and relieved the State of its burden to prove recklessness. He further argues that a State’s witness improperly testified on a legal element in violation of Hayward’s constitutional right to a jury trial. We agree that the jury instruction defining “recklessness” deprived Hayward of his due process rights because it relieved the State of its burden to prove all elements of the crime; thus, we reverse his conviction and remand for…