State v. Tony G. Longmire, 2004 WI App 90 For Longmire: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether the defendant was entitled to set-off as a defense to restitution for theft by (home improvement) contractor, for work that was paid for by the contractor to a subcontractor. Holding: ¶18. We conclude that the trial court… Read more
D. Type of punishment
State v. Tony G. Longmire, 2004 WI App 90 For Longmire: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether attorney fees, incurred by the victims in seeking damages under the contract underlying this theft by contractor case, are subject to restitution. Holding: ¶29. Longmire contends the trial court erred because the “American Rule” requires litigants in… Read more
State v. Tony G. Longmire, 2004 WI App 90 For Longmire: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether expenditures by victims to correct shoddy work done by defendant in theft by contractor case may be subject to restitution. Holding: ¶23. We conclude that these costs, incurred by the homeowners and admittedly arising out of… Read more
State v. Franciollo L. Jones, 2004 WI App 212, PFR filed 11/11/04 For Jones: Syovata Edari; Ellen Henak (on PFR), SPD, Milwaukee Appellate Issue: Whether the trial court properly ordered Jones to pay a DNA surcharge even though he had already provided a DNA sample in an earlier case. Holding: ¶5 WISCONSIN STAT. § 973.047 obligates the… Read more
State v. Miyosha White, 2004 WI App 237, PFR filed 12/1/04 For White: Leonard Kachinsky Issue/Holding: A sentencing court exercising discretion on eligibility for the earned release program, § 973.01(3g), has authority to determine not only whether but also when the defendant is eligible for the program. The language and purpose of the earned release statute is “almost… Read more
State v. David A. Lehman, 2004 WI App 59, PFR filed 3/4/04 For Lehman: Leonard D. Kachinsky Issue/Holding: Sentencing court may impose 4-year waiting period for entry into Challenge Incarceration Program (“boot camp”), §§ 302.045, 973.01(3m): ¶17. The intent of the legislature is therefore advanced by an interpretation of Wis. Stat. § 973.01(3m) that allows a sentencing court… Read more
State v. Mark M. Loutsch, 2003 WI App 16, PFR filed 1/17/03; X-PFR filed 1/31/03 For Loutsch: Charles B. Vetzner Issue/Holding: ¶20. When the trial court has the authority to order restitution for a loss, the court’s decision to order restitution in a particular amount is committed to the trial court’s discretion. Holmgren, 229 Wis. 2d at… Read more
State v. Oscar A. Rash, 2003 WI App 32, PFR filed 2/25/03 For Rash: Peter Koneazny, Diana Felsmann, SPD, Milwaukee Appellate Issue: Whether the restitution order for damage to the victim’s car was supported by sufficient causation, where the defendant abducted the victim for 20-30 minutes, during which time the unattended and unlocked car was broken… Read more
