State v. Patrick L. Hibl, 2013AP2723-CR, District 2, 6/4/14 (1-judge; ineligible for publication); case activity Rejecting challenges to a restitution order, the court of appeals holds that the evidence in the record established a nexus between the crime Hibl was convicted of and the victim’s loss and that the circuit court took account of his ability… Read more
6. Restitution
Robers v. United States, USSC No. 12-9012, 5/5/14, affirming United States v. Robers, 698 F.3d 937 (7th Cir. 2012); Scotusblog page (includes links to briefs and case commentary); On Point’s previous coverage. Where a defendant is ordered to pay restitution under the Mandatory Victim Restitution Act (MVRA), the amount of restitution may be reduced by the value of “any… Read more
Paroline v. United States, USSC No. 12-8561, 4/23/14, vacating and remanding In re Amy Unknown, 701 F.3d 749; Scotusblog page (includes links to the briefs and case commentary) Resolving a split among federal circuit courts about how to determine restitution in child pornography cases under 18 U.S.C. § 2259, the Supreme Court holds that where a defendant possessed… Read more
State v. Thomas G. Felski, 2013AP1796-CR, District 2, 1/29/14; court of appeals decision (1-judge; ineligible for publication); case activity For a second time the court of appeals reverses a restitution order and remands the case for the circuit court to explain how it arrived at the restitution figure. Felski was convicted of performing home improvement… Read more
State v. Ericka S. Thomas, Appeal No. 2013AP341-CR; District 1; 11/13/13 (not recommended for publication); case activity This is a split decision over the proper application of § 973.20, the restitution statute. The circuit court convicted Thomas of Medicaid fraud, sentenced her to imprisonment, and ordered her to pay $356, 366.33 (the total amount she and… Read more
Question presented: Whether a defendant-who has fraudulently obtained a loan and thus owes restitution for the loan under 18 U.S.C. § 3663A(b)(1)(B) returns “any part” of the loan money by giving the lenders the collateral that secures the money? Lower court opinion: United States v. Robers, 698 F.3d 937 (7th Cir. 2012) Docket Scotusblog page In… Read more
State v. Deris Huley, 2013AP682, 9/26/13 (1-judge ineligible for publication); case activity It’s not often the court of appeals rules against the State. Huley pled no contest to a misdemeanor hit and run of an attended vehicle, as a repeater. See §346.74(5)(a). The State sought restitution in the amount of $4,064.83 for the victim’s personal injuries. … Read more
State v. Deborah A. Schicker, 2013AP651-CR, District 2, 8/21/13; court of appeals decision (1-judge; ineligible for publication); case activity Schicker pleaded guilty to a single count of theft. Of the multiple items listed as stolen in the complaint, she admitted to taking only the two items recovered before she was charged. (¶¶2-3). After a restitution… Read more
