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
6. Restitution
State v. Devante J. Lumpkins, 2012AP1670-CR, District 1, 4/2/13; court of appeals decision (not recommended for publication); case activity Lumpkins is liable for restitution for damage to a stolen van he and two co-defendants (“The Jack Boys”) used to commit two armed robberies,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State v. Jesse D. Fries, 2011AP517-CR, District 4, 12/27/12 Court of appeals decision (not recommended for publication); case activity Cost of installing new, upgraded security system in a convenience store after robbery was a “special damage” and therefore a proper item of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
State v. Cody A. Gibson, 2012 WI App 103 (recommended for publication); case activity Restitution order to reimburse insurance company and owner for insurance deductible, in relation to losses arising from stolen auto, upheld. The company (Acuity) paid the owners $11,113 the same day the car was stolen, but the car was recovered with very… Read more
State v. Eric Archie Armstrong, District 2/1, 2010AP1056-CR, 5/30/12 court of appeals decision (not recommended for publication); for Armstrong: Ellen Henak, SPD, Milwaukee Appellate; case activity Setting restitution four years after sentencing didn’t violate double jeopardy principles, turning principally on whether Johnson “had a legitimate expectation of finality in the first judgment,” State v. Greene, 2008 WI App… Read more
State v. Cedric O Clacks, 2011AP338-CR, District 4, 12/22/11 court of appeals decision (not recommended for publication); for Clacks: Jefren E. Olsen, SPD, Madison Appellate; case activity Evidence held sufficient to prove contested, fourth element of identity theft (intentional representation user of personal identification document of another authorized to use it), § 943.201(2)(a) as party to the crime… Read more
State v. Thomas J. Haiduk, 2011AP551-CR, District 3, 8/30/11 court of appeals decision (1-judge, not for publication); for Haiduk: Gary S. Cirilli; case activity In determining restitution for home improvement-related theft, the trial court failed to resolve whether the underlying contract was fixed-price or time-and-materials, therefore remand is necessary. ¶22 The court’s value-based $100,517.96 offset, and corresponding… Read more
