State v. Alberto Fernandez, 2009 WI 29, on certification For Fernandez: Eileen A. Hirsch, Shelley M. Fite, SPD, Madison Appellate Issue/Holding: ¶61 Fernandez says the court erred by ordering full restitution to two insurance companies because a court is authorized to do so only where justice requires. Fernandez says that justice does not require a man… Read more
6. Restitution
State v. Alberto Fernandez, 2009 WI 29, on certification For Fernandez: Eileen A. Hirsch, Shelley M. Fite, SPD, Madison Appellate Issue: Whether the holding of State v. Mark M. Loutsch, 2003 WI App 16, ¶25, “that the court order at sentencing an amount of restitution that it determines the defendant will be able to pay before the completion… Read more
State v. Derick G. Vanbeek, 2009 WI App 37, PFR filed 3/13/09 For Vanbeek: Donald T. Lang, SPD, Madison Appellate Issue/Holding: On conviction for making a false bomb scare, § 947.015, Vanbeek is liable in restitution to the school district for salaries and benefits paid to teachers and staff during the resulting 4-hour evacuation, because the school district… Read more
State v. Alberto Fernandez, 2009 WI 29, on certification For Fernandez: Eileen A. Hirsch, Shelley M. Fite, SPD, Madison Appellate Issue/Holding: ¶52 The State counters that there is no language in the statute that requires victim claims to be submitted before sentencing. The State also argues that where restitution was held open, there is no expectation… Read more
Restitution – Damages – School District: Employees’ “Lost Productivity” Due to Bomb Scare Evacuation
State v. Derick G. Vanbeek, 2009 WI App 37, PFR filed 3/13/09 For Vanbeek: Donald T. Lang, SPD, Madison Appellate Issue/Holding: On conviction for making a false bomb scare, § 947.015, Vanbeek is liable in restitution to the school district for salaries and benefits paid to teachers and staff during the resulting 4-hour evacuation, because the school district… Read more
State v. Jeremy T. Greene, 2008 WI App 100, PFR filed 7/14/08 For Greene: Kristen D. Schipper Issue: Whether the sentencing court may order that DOC distribute “gifted” (as opposed to wage-based) funds in a prisoner’s account to satisfy a restitution obligation. Holding: ¶12 We observe that Wis. Stat. § 973.20 does not limit the consideration of… Read more
State v. Jeremy T. Greene, 2008 WI App 100, PFR filed 7/14/08 For Greene: Kristen D. Schipper Issue/Holding: Restitution order amendment, directing DOC to disburse funds from the prisoner’s account, did not violate double jeopardy although the amendment occurred three years after the original order: ¶16 Greene’s double jeopardy argument focuses on the fact that DOC, in… Read more
State v. William Agosto, 2008 WI App 149, PFR filed 10/21/08 For Agosto: Andrea Taylor Cornwall, SPD, Milwaukee Appellate Issue/Holding: The defendant’s mother, who posted subsequently-forfeited cash bail, is a “victim” for restitution purposes: ¶8 … Agosto committed the “crime” of bail-jumping. He pled guilty and the circuit court entered a judgment convicting him of that crime… Read more
