State v. Ericka S. Thomas, Appeal No. 2013AP341-CR; District 1; 11/13/13 (not recommended for publication); case activity This is a split decision over the proper application of § 973.20, the restitution statute.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
6. Restitution
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
Question presented: What, if any, causal relationship or nexus between the defendant’s conduct and the victim’s harm or damages must the government or the victim establish in order to recover restitution under 18 U.S.C. § 2259? Lower court opinion: In re: Amy Unknown: United States v. Paroline, 701 F.3d 749 (5th Cir. 2012) Docket Scotusblog… Read more
State v. Devante J. Lumpkins, 2012AP1670-CR, District 1, 4/2/13; court of appeals decision (not recommended for publication); case activity Lumpkins is liable for restitution for damage to a stolen van he and two co-defendants (“The Jack Boys”) used to commit two armed robberies, even though Lumpkins was not charged with or convicted of the theft… Read more
State v. Thomas G. Felski, 2012AP1115-CR, District 2, 1/3/13 Court of appeals decision (1 judge; ineligible for publication); case activity Felski was convicted of violating Wis. Admin. Code ATCP § 110.05 (criminalized by virtue of § 100.20(2)) for failing to have a written contract covering some remodeling projects. Evidence at trial focused on construction of… Read more
State v. Jesse D. Fries, 2011AP517-CR, District 4, 12/27/12 Court of appeals decision (not recommended for publication); case activity Cost of installing new, upgraded security system in a convenience store after robbery was a “special damage” and therefore a proper item of restitution: ¶8 Fries’ primary contention is that an expenditure does not qualify as… Read more
