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
6. Restitution
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
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
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. Chad J. Knoll, 2000 WI App 135, 237 Wis.2d 384, 614 N.W.2d 20 Issue: Whether contributory negligence is a defense to restitution. Holding: ¶¶16, 17: Restitution is not a claim that is owned by an individual but a remedy of the State…. To allow a defendant who has already been convicted of a… Read more
State v. Freeman Canady, 2000 WI App 87, 234 Wis. 2d 261, 610 N.W.2d 147 For Canady: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether a defendant, convicted of resisting arrest, can be ordered to pay restitution for damage caused by a police officer in the course of subduing him. Holding: Because the damage was… Read more
