State v. Edward W. Johnson, Jr., 2002 WI App 166 For Johnson: Robert T. Ruth Issue/Holding: Because record is clear that trial court ordered restitution, court of appeals refuses to recharacterize (and uphold) order as condition of probation: ¶25 As a final argument, the State contends that even if W.L.’s wages are not recoverable under WIS. STAT. § 973.20, the circuit court… Read more
Published 2002
State v. Edward W. Johnson, Jr., 2002 WI App 166 For Johnson: Robert T. Ruth Issue: Whether delay of 18 months in setting restitution amount deprived court of jurisdiction to enter the restitution order. Holding: Statutory time limits for setting restitution are regulatory, not jurisdictional, and may be exceeded when there is a valid reason and no prejudice… Read more
State v. Jeffrey Kenneth Krohn, 2002 WI App 96 Issue: Whether the remedy for a conceded violation in following statutory procedure, including time limit, in determining restitution amount is remand for a restitution hearing under proper procedure. Holding: ¶13 While we accept Krohn’s challenge to the circuit court’s restitution order, we reject his attempt to prevent the… Read more
State v. Edward W. Johnson, Jr., 2002 WI App 166 For Johnson: Robert T. Ruth Issue/Holding: Wages lost by a stepparent’s accompanying the victim to court aren’t subject to restitution; lost wages are limited to those persons identified in § 973.20(5)(b). ¶¶22-23. Issue/Holding: A stepparent is not victim for § 973.20(1r) restitution purposes, ¶¶17-19. (However, a stepparent may qualify as an… Read more
State v. James N. Storlie, 2002 WI App 163 For Storlie: William E. Schmaal, SPD, Madison Appellate Issue: Whether the destruction of “stop sticks” caused by defendant’s flight from the police is properly subject to a restitution order. Holding: ¶10…. (T)he government is entitled to restitution for losses incurred when it is a victim as a direct… Read more
State v. Michael A. Grindemann, 2002 WI App 106, PFR filed 5/23/02 For Grindemann: Leonard D. Kachinsky Issue/Holding: ¶27 … Here, Grindemann did object to the prosecutor’s mention of uncharged offenses at sentencing, but the objection was based on the lack of evidence ‘properly before the court,’ not on any claim that the State was violating… Read more
State v. Douglas J. Lasky, 2002 WI App 126, PFR filed 5/16/02 For Lasky: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: Claim of “statutory double jeopardy,” § 939.71, not barred by guilty plea waiver rule; court therefore may consider merits of whether elements of federal bank robbery conviction are the same, and therefore preclude prosecution of… Read more
State v. Jeffrey R. Groth, 2002 WI App 299, PFR filed 12/11/02 For Groth: Peter Koneazny, Randall E. Paulson, SPD, Milwaukee Appellate Issue/Holding: Reviewing court may address merits of attack on sentence based on inaccurate information, notwithstanding absence of contemporaneous objection. ¶25. It is appropriate here for the court to overlook waiver, where the state… Read more
