Rauscher v. State

In his petition for post-conviction relief Thomas Rauscher challenged the constitutionality of two jury instructions used in his third-degree burglary trial. 1 The trial court dismissed Rauscher’s petition because of his failure to object to the instructions at any time prior to his bid for post-conviction relief. We affirm.

Rauscher argues that Instruction 6, the “natural and probable consequences” instruction, violates the Fourteenth Amendment’s requirement that the state prove every element of a criminal offense by shifting the burden of persuasion to the defendant. 2 He argues that…