State v. William A. Rouse, 2002 WI App 107, PFR filed 5/8/02 For Rouse: Morris D. Berman Issue/Holding: Time spent by a bank’s salaried employees investigating the crime (forgery) is subject to restitution because, while the bank’s employees were investigating Rouse’s forgeries, they were prevented from doing other work for the bank, and thus the bank… Read more
6. Restitution
State v. Gabriel L. Ortiz, 2001 WI App 215 For Ortiz: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: Failure to object to restitution until postconviction motion would not incur waiver bar for several reasons: particular claim is of statewide interest; the state never argued waiver in the trial court; the issue is one purely of law… Read more
State v. James A. Torpen, 2001 WI App 273, PFR filed 11/13/01 For Torpen: William E. Schmaal, SPD, Madison Appellate Issue: Whether a court has authority to order, as restitutive conditions of probation, payment of obligations from prior, unrelated criminal cases. Holding: ¶14. Pursuant to Wis. Stat. § 973.20, a circuit court may order the payment… Read more
State v. Chad J. Knoll, 2000 WI App 135, 237 Wis.2d 384, 614 N.W.2d 20 For Knoll: Ralph Kalal Issue: Whether passenger Foust, injured in the crash of a car whose driver (Knoll) was drunk, was party to the crime of drunk driving and therefore not a “victim” for purposes of restitution. Holding: ¶11 Because Knoll… Read more
State v. Troy B. Baker, 2001 WI App 100, 243 Wis. 2d 77, 626 N.W.2d 862 Issue: Whether the trial court had authority to order that restitution be withheld from prison wages. Holding: Because a restitution order contained in a judgment of conviction is an “obligation reduced to judgment,” a trial court has authority under §… Read more
State v. Garren G. Gribble, 2001 WI App 227, PFR filed For Gribble: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether, on a conviction for homicide of a child, the child’s mother and aunt could be considered victims within the meaning of § 973.20(1r) so as to support restitution for their counseling costs. Holding: “Victim” in § 973.20(1r) is assigned… Read more
State v. Troy B. Baker, 2001 WI App 100, 243 Wis. 2d 77, 626 N.W.2d 862 For Baker: William E. Schmaal, SPD, Madison Appellate Issue: Whether the county DHS, which paid out testing expenses for a sexual assault victim, may be considered for restitution purposes an “insurer, surety or other person who has compensated [the]… Read more
State v. Gabriel L. Ortiz, 2001 WI App 215 For Ortiz: Eileen A. Hirsch, SPD, Madison Appellate Issue: Whether restitution may be ordered under § 973.20 for overtime police costs. Holding: ¶20. The collective effect of Schmaling and Howard-Hastings is the following. A governmental entity can, in the appropriate case, be a victim entitled to restitution. (Howard-Hastings). Where the defendant’s conduct… Read more
