State v. Richard J. Kenyon, 225 Wis.2d 657, 593 N.W.2d 491 (Ct. App. 1999) For Kenyon: Rex Anderegg Issue/Holding: Employee Retirement Income Security Act trumps Victims’ Rights. Kenyon was convicted of stealing about $150,000, and was ordered to pay restitution by “voluntarily” withdrawing funds from his pension fund. The COA reverses, holding that ERISA’s preemption… Read more
D. Type of punishment
State v. Laura Walters, 224 Wis.2d 897, 591 N.W.2d 874 (Ct. App. 1999) For Walters: Todd W. Bennett Issue/Holding: Setoff is available to reduce the amount of special damages. The defendant has the burden of proving facts necessary to this defense. Since the victim here suffered general as well as special damages, Walters was therefore… Read more
State v. Laura Walters, 224 Wis.2d 897, 591 N.W.2d 874 (Ct. App. 1999) For Walters: Todd W. Bennett Issue/Holding: The COA refuses to acknowledge accord and satisfaction as a restitution defense. Restitution, the court reasons, “is not a claim which a defendant owns, as a civil claim is. It is a remedy that belongs to… Read more
State v. Derrick L. Madlock, 230 Wis.2d 324, 602 N.W.2d 104 (Ct. App. 1999) For Madlock: Margaret A. Maroney, SPD, Madison Appellate Issue: Whether restitution may be ordered without a showing of causation or actual damages. Holding: The record must show at least a minimal nexus between the defendant’s criminal conduct and the victim’s claimed… Read more
State v. Nils V. Holmgren, 229 Wis.2d 358, 599 N.W.2d 876 (Ct. App. 1999) For Holmgren: William E. Appel Holding: Holmgren’s theft, related to unauthorized use of company’s credit card, gives rise to various restitution issues, all turning on the distinction between special and general damages. (Special damages — those which do not necessarily arise… Read more
State v. Lisa A. Carter, 229 Wis. 2d 200, 598 N.W.2d 619 (Ct. App. 1999) For Carter: Paul G. LaZotte. Issue/Holding: The jail assessment in §§ 302.46(1) & 814.60(2)(ag) is contingent on imposition of a fine or forfeiture. Section 814.60(2)(ag), STATS., provides that “[i]n addition to any fine imposed, a defendant shall be required to pay any … [j]ail assessment… Read more
State v. Daniel E. Rohe, 230 Wis.2d 294, 602 N.W.2d 125 (Ct. App. 1999) For Rohe: Charles B. Vetzner, SPD, Madison Appellate. Issue: Whether costs for a sexual assault examination were properly taxable, where the examination neither produced any results nor was used at trial. Holding: Because the examination was part of the state’s investigation… Read more
State v. Lisa A. Carter, 229 Wis. 2d 200, 598 N.W.2d 619 (Ct. App. 1999) For Carter: Paul G. LaZotte Issue/Holding: The $20 fee for the clerk of court under § 814.60(1) is allocated on a per-count, rather than per-case, basis. … Read more
