Question presented: What are the jurisdictional prerequisites for appealing a deferred restitution award made during the pendency of a timely appeal of a criminal judgment imposing sentence, a question left open by the Court’s decision in Dolan v. United States, 560 U.S. 605 (2010)? Lower court opinion: United States v. Manrique, 618 Fed. App’x 579 (11th… Read more
6. Restitution
State v. Guadalupe Ronzon, 2015AP498, 1/26/16, District 1 (one-judge decision; ineligible for publication); case activity Ronzon challenges the restitution award in her conviction of failing to fulfill her Wis. Stat. § 346.67 duty upon striking a vehicle with her car. She does not claim an inability to pay, or argue that her crime did not… Read more
State v. Frank E. Pilarski, 2015AP425, District 2, 12/23/15 (not recommended for publication); case activity (including briefs) Pilarski sexually assaulted a child in his in-home day care; the court of appeals upholds a restitution award for the child’s mother’s reduced work hours necessitated by her unwillingness to use any other in-home day care after the… Read more
State v. Tommy Lee Branch, 2015 WI App 65; case activity (including briefs) The circuit court had no authority to order cash seized from Branch on his arrest to be used to pay court obligations because there was no basis for concluding the money was not subject to return under § 968.20. As the court of appeals… Read more
State v. Chaz L. Brown, 2014AP1848-CR, District 3, 5/19/15 (one-judge decision; ineligible for publication); case activity (including briefs) A “midsummer night’s attempt at self-help debt collection” (¶2) led to Brown being charged with disorderly conduct and battery. He was acquitted of the battery charges based on his self-defense claim, but he was convicted of the DC… Read more
State v. Richard J. Nelson, 2014AP1794-CR, District 3, 2/24/15 (one-judge decision; ineligible for publication); case activity (including briefs) While the victim’s injuries could have been caused by the alleged conduct for which Nelson was acquitted, they could also have been the result of the conduct for which Nelson was convicted. Thus, there was a basis for finding a… Read more
State v. Lance F., 2014AP1881-FT, 12/23/14, District 2 (1-judge opinion; ineligible for publication); case activity A circuit court lacks authority to order a juvenile (who had been found delinquent for battery, disorderly conduct and physical abuse of a child) to make restitution of the victim’s missing property, where he was never charged with theft of the property, he never admitted to… Read more
State v. Timothy D. Russell, 2014AP451-CR, District 1, 12/23/14 (not recommended for publication); case activity When sentencing Russell for a series of thefts committed while he was deputy chief of staff to the Milwaukee County Executive, the circuit court referred to the charge to which Russell pled as “misconduct in public office, … not a theft as… Read more
