State v. Anthony Houston Lee, 2008 WI App 185 For Lee: Carl W. Chessir Issue/Holding: ¶11 As noted, Wis. Stat. § 973.20 authorizes a trial court to order restitution to victims of a “[c]rime considered at sentencing,” which includes “any crime for which the defendant was convicted and any read-in crime.” Sec. 973.20(1g)(a) & (1r). We conclude… Read more
6. Restitution
State v. Earl W. Haase, 2006 WI App 86, (State’s) PFR filed 5/17/06 For Haase: Glenn L. Cushing, SPD, Madison Appellate Issue: Whether restitution may be ordered for damage caused to a squad car destroyed by fire during pursuit of the defendant. Holding: A governmental “agency must be a direct victim of the criminal conduct to be reimbursed for a… Read more
Herr v. Bradley D. DeBraska, 2006 WI App 29 Issue/Holding1: Where the defendant and victim had fully settled a civil claim for defendant’s liability arising out of the crime, but the defendant’s wages were subsequently garnished by the State to satisfy the restitution order in the criminal case, the trial court properly exercised discretion to reopen… Read more
State v. Anthony D., 2006 WI App 218 For Anthony D.: Susan E. Alesia, SPD, Madison Appellate Dicta: ¶7 n. 2: We note that the language of the juvenile restitution statute differs from that of the criminal restitution statute, Wis. Stat. § 973.20. The criminal statute does not require the court to make a finding that the… Read more
State v. Scott Edward Ziegler, 2005 WI App 69 For Ziegler: Martha K. Askins, SPD, Madison Appellate Issue: Whether a trial court retains authority to order restitution 14 years after entering a “to be determined” restitution order in the original judgment of conviction. Holding: ¶11. As we have repeatedly explained, “Restitution is governed by Wis. Stat. § 973.20, which… Read more
State v. Mark R. Johnson, 2005 WI App 201 For Johnson: Jefren Olsen , SPD, Madison Appellate Issue/Holding: ¶13 Second, before a trial court may order restitution “there must be a showing that the defendant’s criminal activity was a substantial factor in causing” pecuniary injury to the victim in a “but for” sense. Longmire, 272 Wis… Read more
State v. Mark R. Johnson, 2005 WI App 201 For Johnson: Jefren Olsen, SPD, Madison Appellate Issue/Holding: ¶12 First, restitution is limited to “special damages … which could be recovered in a civil action against the defendant for his or her conduct in the commission of a crime considered at sentencing.” Wis. Stat. § 973.20(5)(a). The… Read more
State v. Mark R. Johnson, 2005 WI App 201 For Johnson: Jefren Olsen , SPD, Madison Appellate Issue/Holding1: Lost profits are “special damages,” and therefore subject to a restitution order, because the underlying causal criminal conduct could give rise to a civil action based on the torts of conversion and interference with prospective contractual relationships, ¶¶16-17… Read more
