State v. Gabriel L. Ortiz, 2001 WI App 215 For Ortiz: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: Failure to object to restitution until postconviction motion would not incur waiver bar for several reasons: particular claim is of statewide interest; the state never argued waiver in the trial court; the issue is one purely of law… Read more
D. Type of punishment
State v. James A. Torpen, 2001 WI App 273, PFR filed 11/13/01 For Torpen: William E. Schmaal, SPD, Madison Appellate Issue: Whether a court has authority to order, as restitutive conditions of probation, payment of obligations from prior, unrelated criminal cases. Holding: ¶14. Pursuant to Wis. Stat. § 973.20, a circuit court may order the payment… Read more
State v. Chad J. Knoll, 2000 WI App 135, 237 Wis.2d 384, 614 N.W.2d 20 For Knoll: Ralph Kalal Issue: Whether passenger Foust, injured in the crash of a car whose driver (Knoll) was drunk, was party to the crime of drunk driving and therefore not a “victim” for purposes of restitution. Holding: ¶11 Because Knoll… Read more
State v. Troy B. Baker, 2001 WI App 100, 243 Wis. 2d 77, 626 N.W.2d 862 Issue: Whether the trial court had authority to order that restitution be withheld from prison wages. Holding: Because a restitution order contained in a judgment of conviction is an “obligation reduced to judgment,” a trial court has authority under §… Read more
State v. Garren G. Gribble, 2001 WI App 227, PFR filed For Gribble: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether, on a conviction for homicide of a child, the child’s mother and aunt could be considered victims within the meaning of § 973.20(1r) so as to support restitution for their counseling costs. Holding: “Victim” in § 973.20(1r) is assigned… Read more
State v. Troy B. Baker, 2001 WI App 100, 243 Wis. 2d 77, 626 N.W.2d 862 For Baker: William E. Schmaal, SPD, Madison Appellate Issue: Whether the county DHS, which paid out testing expenses for a sexual assault victim, may be considered for restitution purposes an “insurer, surety or other person who has compensated [the]… Read more
State v. Gabriel L. Ortiz, 2001 WI App 215 For Ortiz: Eileen A. Hirsch, SPD, Madison Appellate Issue: Whether restitution may be ordered under § 973.20 for overtime police costs. Holding: ¶20. The collective effect of Schmaling and Howard-Hastings is the following. A governmental entity can, in the appropriate case, be a victim entitled to restitution. (Howard-Hastings). Where the defendant’s conduct… Read more
Sentencing – Review — Sentence Exceeding Statutory Maximum — Consecutive Terms of Probation — Remedy
State v. Glenn F. Schwebke, 2001 WI App 99, 242 Wis. 2d 585, 627 N.W.2d 213, affirmed on other grds., 2002 WI 55 For Schwebke: Keith A. Findley, UW Law School Issue/Holding: The remedy for this sentence which exceeded the permissible maximum — multiple counts of probation running consecutive to one another, ¶¶25-30 — is to commute… Read more
