State v. Paul R. Noble, 2023AP1444-CR, 4/24/24, District II (one-judge decision, ineligible for publication); case activity While Noble’s arguments on appeal appear to have substantial merit, the court of appeals declines to address the merits because the state abandoned the appeal and thereby conceded that “Noble’s arguments are correct.” Roughly two years after Noble’s sentencing… Read more
6. Restitution
State v. M.L.J.N.L., 2021AP1437, 2/28/24, District IV (recommended for publication); case activity In one of our first published decisions to address the impact of Marsy’s Law, COA accepts the agreed-upon position of both parties that Marsy’s Law does not alter the framework for assessing requests for juvenile restitution under § 938.34(5)(a). UPDATE: This post is… Read more
State v. J.A.J., 2022AP2066, 11/14/23, District I (ineligible for publication); case activity In a noteworthy juvenile appeal, COA rejects a novel argument highlighting the dysfunctional nature of our juvenile justice system as caused by the “closure” of Lincoln Hills. J.A.J. appeals a dispositional order for the serious juvenile offender program (SJOP) with placement at Lincoln… Read more
State v. Jeffrey W. Butler, 2021AP2212-CR, 1/11/23, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) At Butler’s restitution hearing, the circuit court expressed frustration and disappointment that neither party presented any documentation regarding a disputed restitution claim. The court stated, “I have nothing other than testimony saying [the victim’s] done all this… Read more
State v. Mark J. Gahart, 2022 WI App 61; case activity (including briefs) The court of appeals holds that driving while intoxicated with a minor passenger is not a victimless crime: the minor passenger is a victim for purposes of the restitution statute. Gahart was convicted of OWI while his minor daughter was in the… Read more
State ex rel. DeLorean Bryson v. Kevin Carr, 2022 WI App 34; case activity (including briefs) A few months ago the court of appeals decided Ortiz v. Carr, holding (with a number of important caveats) that DOC may not take a greater percentage of an inmate’s wages for restitution than the circuit court has ordered–if… Read more
Victor Ortiz, Jr. v. Kevin A. Carr, 2022 WI App 16; case activity (including briefs) Attorneys Jason Luczak and Jorge Fragoso of Gimbel, Reilly, Geurin & Brown generously took this case pro bono. And now Jorge offers this guest post on their defense win: Prison inmate (and hero to institutionalized persons) Victor Ortiz filed a… Read more
State v. Alex Stone Scott, 2021 WI App 84; case activity This split, recommended-for-publication opinion, merits further review. Scott drove M.S.’s truck without her permission and damaged it in the process. Undamaged, the truck’s Kelly Bluebook value was $2,394. M.S. testified that she did not want to repair the truck, but the circuit court nevertheless… Read more
