State v. Joseph Gayden, 2010AP2360-CR,District 1, 8/30/11 court of appeals decision (not recommended for publication); for Gayden: Matthew S. Pinix; case activity The difference between Wis JI-Criminal 800 and 805 is that the latter limits the defendant’s intentional use of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
6. Restitution
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State v. Gary R. Sampson, 2010AP1930-CR, District 3, 2/1/11 court of appeals decision (1-judge, not for publication); for Sampson: Donna L. Hintze, SPD, Madison Appellate; case activity; Sampson BiC; State Resp.; Reply Sampson was guilty of theft for keeping a down payment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
court of appeals decision (3-judge, not recommended for publication); for Johnson: Philip J. Brehm; BiC; Resp.; Reply Restitution – Psychiatric Care – Sexual Assault Johnson, 17, had sex with 14-year-old W.M.K., resulting in conviction for 3rd degree sexual assault. Restitution ($10k), awarded for W.M.K.’s 10-month residence at Thayer Learning Center, (described as “a boot camp, behavior modification… Read more
State v. Theresa E. Palubicki, No. 2010AP555-CR, District 3 court of appeals decision (1-judge, not for publication); for Palubicki: Michael D. Petersen; BiC; Resp.; Reply The burden of proving setoff rests with the defendant. Although Palubicki reached a settlement agreement with the hit-and-run victim, she did not meet her burden of proving that the agreement covered… Read more
Dolan v. United States, USSC No. 09-367, 6/14/10 This case concerns the remedy for missing a statutory deadline. The statute in question focuses upon mandatory restitution for victims of crimes. It provides that “the court shall set a date for the final determination of the victim’s losses, not to exceed 90 days after sentencing.” 18… Read more
State v. Alberto Fernandez, 2009 WI 29, on certification For Fernandez: Eileen A. Hirsch, Shelley M. Fite, SPD, Madison Appellate Issue/Holding: ¶59 Fernandez additionally argues that the lack of advance written notice of the Dalka and CNR claims violated his due process rights. In response, the State contends that Fernandez’s due process rights were protected by… Read more
