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STATE v. KIRCHER

No. 93-2881-CR.

189 Wis.2d 392 (1994)

525 N.W.2d 788

STATE of Wisconsin, Plaintiff-Respondent, v. Michael A. KIRCHER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 23, 1994.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the brief of Michael A. Kircher, pro se.

For the plaintiff-respondent the cause was submitted on the brief of James E. Doyle, attorney general and David J. Becker, assistant attorney general.

Before Eich, C.J., Dykman and Vergeront, JJ.

VERGERONT, J.

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...

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