State v. Oscar A. Rash, 2003 WI App 32, PFR filed 2/25/03 For Rash: Peter Koneazny, Diana Felsmann, SPD, Milwaukee Appellate Issue: Whether the restitution order for damage to the victim’s car was supported by sufficient causation, where the defendant abducted the victim for 20-30 minutes, during which time the unattended and unlocked car was broken… Read more
6. Restitution
State v. Bernell Ross, 2003 WI App 27, PFR filed 2/21/03 For Ross: Andrew Mishlove Issue/Holding: Ross was convicted of a pattern of racketeering involving securities fraud contrary to Wis. Stat. §§ 551.41(2) and 946.82(2), (3), (4) and 946.83 (WOCCA). This pattern of racketeering, based in fraudulent activities occurring in Wisconsin and contrary to the securities law, also affected investors in other… Read more
State v. Mark M. Loutsch, 2003 WI App 16, PFR filed 1/17/03; X-PFR filed 1/31/03 For Loutsch: Charles B. Vetzner Issue/Holding: ¶12. The distinction between general and special damages as relevant to Wis. Stat. § 973.20(5)(a) is well established. “General damages” under this statute are those that compensate the victim for damages such as pain and suffering, anguish… Read more
State v. Mark M. Loutsch, 2003 WI App 16, PFR filed 1/17/03; X-PFR filed 1/31/03 For Loutsch: Charles B. Vetzner Issue/Holding: ¶25. Read together, these sections plainly contemplate that the court order at sentencing an amount of restitution that it determines the defendant will be able to pay before the completion of the sentence-in this case… Read more
State v. Edward W. Johnson, Jr., 2002 WI App 166 For Johnson: Robert T. Ruth Issue/Holding: Where restitution was for counseling expenses, Johnson failed to show good cause for discovery of her counseling records. ¶¶28-30… Read more
State v. Edward W. Johnson, Jr., 2002 WI App 166 For Johnson: Robert T. Ruth Issue/Holding: Because record is clear that trial court ordered restitution, court of appeals refuses to recharacterize (and uphold) order as condition of probation: ¶25 As a final argument, the State contends that even if W.L.’s wages are not recoverable under WIS. STAT. § 973.20, the circuit court… Read more
State v. Edward W. Johnson, Jr., 2002 WI App 166 For Johnson: Robert T. Ruth Issue: Whether delay of 18 months in setting restitution amount deprived court of jurisdiction to enter the restitution order. Holding: Statutory time limits for setting restitution are regulatory, not jurisdictional, and may be exceeded when there is a valid reason and no prejudice… Read more
State v. Jeffrey Kenneth Krohn, 2002 WI App 96 Issue: Whether the remedy for a conceded violation in following statutory procedure, including time limit, in determining restitution amount is remand for a restitution hearing under proper procedure. Holding: ¶13 While we accept Krohn’s challenge to the circuit court’s restitution order, we reject his attempt to prevent the… Read more
