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
6. Restitution
State v. Eric Archie Armstrong, District 2/1, 2010AP1056-CR, 5/30/12 court of appeals decision (not recommended for publication); for Armstrong: Ellen Henak, SPD, Milwaukee Appellate; case activity Setting restitution four years after sentencing didn’t violate double jeopardy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State v. Cedric O Clacks, 2011AP338-CR, District 4, 12/22/11 court of appeals decision (not recommended for publication); for Clacks: Jefren E. Olsen, SPD, Madison Appellate; case activity Evidence held sufficient to prove contested, fourth element of identity theft (intentional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State v. Thomas J. Haiduk, 2011AP551-CR, District 3, 8/30/11 court of appeals decision (1-judge, not for publication); for Haiduk: Gary S. Cirilli; case activity In determining restitution for home improvement-related theft, the trial court failed to resolve whether the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
State v. Joseph Gayden, 2010AP2360-CR,District 1, 8/30/11 court of appeals decision (not recommended for publication); for Gayden: Matthew S. Pinix; case activity The difference between Wis JI-Criminal 800 and 805 is that the latter limits the defendant’s intentional use of force intended or likely to cause death or great bodily harm to reasonable belief that the force is necessary to… Read more
State v. Michael S. Hoseman, 2011 WI App 88 (recommended for publication); for Hoseman: Timothy M. Johnson; case activity Hoseman is liable in restitution for damages to a rented house caused by his marijuana manufacturing operation. Restitution requires that there be a “direct victim” of the crime and a causal connection between the defendant’s conduct and… Read more
State v. Gary R. Sampson, 2010AP1930-CR, District 3, 2/1/11 court of appeals decision (1-judge, not for publication); for Sampson: Donna L. Hintze, SPD, Madison Appellate; case activity; Sampson BiC; State Resp.; Reply Sampson was guilty of theft for keeping a down payment to make improvements to a business without finishing the work. However, he is liable… Read more
State v. Michael S. L., 2010AP2352, District 2, 1/19/11 court of appeals decision; for Michael S.L.: Leonard D. Kachinski; case activity Restitution order of 200 hours’ community service, on adjudication for disorderly conduct for “prank” bomb threat to school, and based on school’s estimate of economic loss due to evacuating students and staff for the bomb… Read more
