State v. Thomas G. Felski, 2013AP1796-CR, District 2, 1/29/14; court of appeals decision (1-judge; ineligible for publication); case activity For a second time the court of appeals reverses a restitution order and remands the case for the circuit court to explain how it arrived at the restitution figure. Felski was convicted of performing home improvement… Read more
D. Type of punishment
State v. Ericka S. Thomas, Appeal No. 2013AP341-CR; District 1; 11/13/13 (not recommended for publication); case activity This is a split decision over the proper application of § 973.20, the restitution statute. The circuit court convicted Thomas of Medicaid fraud, sentenced her to imprisonment, and ordered her to pay $356, 366.33 (the total amount she and… Read more
Question presented: Whether a defendant-who has fraudulently obtained a loan and thus owes restitution for the loan under 18 U.S.C. § 3663A(b)(1)(B) returns “any part” of the loan money by giving the lenders the collateral that secures the money? Lower court opinion: United States v. Robers, 698 F.3d 937 (7th Cir. 2012) Docket Scotusblog page In… Read more
State v. Deris Huley, 2013AP682, 9/26/13 (1-judge ineligible for publication); case activity It’s not often the court of appeals rules against the State. Huley pled no contest to a misdemeanor hit and run of an attended vehicle, as a repeater. See §346.74(5)(a). The State sought restitution in the amount of $4,064.83 for the victim’s personal injuries. … Read more
State v. Deborah A. Schicker, 2013AP651-CR, District 2, 8/21/13; court of appeals decision (1-judge; ineligible for publication); case activity Schicker pleaded guilty to a single count of theft. Of the multiple items listed as stolen in the complaint, she admitted to taking only the two items recovered before she was charged. (¶¶2-3). After a restitution… Read more
State v. Brandon M. Pokey, 2012AP2412-CR, District 2, 8/14/13; court of appeals decision (not recommended for publication); case activity The sentencing court did not erroneously exercise its discretion when it made Pokey, who was convicted of armed robbery of a bank, ineligible for the Earned Release Program. At sentencing the court based its decision on… Read more
Question presented: What, if any, causal relationship or nexus between the defendant’s conduct and the victim’s harm or damages must the government or the victim establish in order to recover restitution under 18 U.S.C. § 2259? Lower court opinion: In re: Amy Unknown: United States v. Paroline, 701 F.3d 749 (5th Cir. 2012) Docket Scotusblog… Read more
United States v. Anthony James Kebodeaux, USSC No. 12-418, 6/24/13 United States Supreme Court decision, reversing U.S. v. Kebodeaux, 687 F.3d 232 (5th Cir. 2012) The Court holds that the federal Sex Offender Registration and Notification Act (SORNA) applies to a person despite the fact he was convicted (at a court martial), and completed service of… Read more
