State v. David W. Oakley, 2000 WI 37, 234 Wis. 2d 528, 609 N.W.2d 786, reversing State v. Oakley, 226 Wis. 2d 437, 594 N.W.2d 827 (Ct. App. 1999) For Oakley: Timothy T. Kay Issue: “(W)hether a circuit court may require payment of an old, unpaid fine that was imposed in a prior sentence as a condition… Read more
f. Trial court authority
State v. Aaron Evans, 2000 WI App 178, 238 Wis.2d 411, 617 N.W.2d 220 For Evans: Steven D. Phillips, SPD, Madison Appellate Issue: Whether the sentencing court may allow the department of corrections to determine the amount of restitution. Holding: Delegating determination of restitution to DOC isn’t authorized by statute and is therefore inappropriate: “Restitution… Read more
State v. Carl Simonetto, 2000 WI App 17, 232 Wis.2d 315, 606 N.W.2d 275 For Simonetto: Christopher L. Hartley Issue: Whether the trial court erred in holding open restitution until certain victims could be identified. Holding: “Section 973.20(13)(c), Stats., creates a ninety-day maximum hold-open period for entry of restitution after a sentence is imposed.” ¶10. (Note… Read more
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
State v. James D. Minniecheske, 223 Wis.2d 493, 590 N.W.2d 17 (Ct. App. 1998) For Minniechske: Jane K. Smith Issue: Whether the sentencing court possessed authority to order refund of money ($1500+) improperly seized from Minniecheske’s prison account to satisfy restitution. Holding: We conclude that the trial court correctly amended the judgment of conviction to remove the restitution… Read more
William Olson v. Kaprelian, 202 Wis. 2d 377, 550 N.W.2d 712 (Ct. App. 1996) For Olson: Terry W. Rose Issue: Whether bail posted under a bond in a seprate criminal case may be forfeited in order to satisfy a restitution obligation. Holding: In regards to this jurisdictional question, Olson … argues that a trial court has… Read more
