On Point blog, page 1 of 2
Circuit court properly ordered defendant to pay extradition costs
State v. Jonathon S. Geiger, 2022AP1270-CR, District III, 7/11/23, not recommended for publication; case activity (briefs available)
Geiger argues the circuit court erroneously ordered him to pay extradition costs in connection with a sentencing after revocation hearing. COA rejects his statutory construction arguments and affirms.
Court of appeals again addresses DOC power to decide how much money to siphon from inmate accounts
State ex rel. DeLorean Bryson v. Kevin Carr, 2022 WI App 34; case activity (including briefs)
A few months ago the court of appeals decided Ortiz v. Carr, holding (with a number of important caveats) that DOC may not take a greater percentage of an inmate’s wages for restitution than the circuit court has ordered–if the circuit court has ordered a specific percentage. Here, the court applies similar logic to obligations other than restitution. It holds that DOC has the authority to set a percentage rate for the crime lab surcharge and the DNA surcharge, but that the circuit court has the authority to set a different rate for collection of court fees. It does not decide who has authority over the victim-witness surcharge, because DOC did not appeal the circuit court’s determination of that question (which was that DOC has the authority to set the percentage, but that its new policy of taking 50 percent violates the administrative rules it earlier promulgated).
Sentence modification, cost collection claims rejected
State v. Shawn A. Hodgkins, 2017AP1799-CR, District 2, 12/12/18 (one-judge decision; ineligible for publication); case activity (including respondent’s brief)
Hodgkins objected to DOC collecting costs from him while he was in prison because the circuit court ordered the costs to be collected while he was on a term of consecutive probation. He also sought a “new factor” sentence modification. Alas, it was all in vain.
SCOTUS: How does a defendant recover costs, fees and restitution after his conviction is reversed?
Nelson v. Colorado, USSC No. 15-526, (April 20, 2017), reversing and remanding Colorado v. Nelson, 364 P.3d 866 (2015); SCOTUSblog page (inlcuding links to briefs and commentary).
This decision establishes that a State cannot force an exonerated defendant to file a civil suit and prove his innocence by clear and convincing evidence in order to recover costs, fees, and restitution he paid upon conviction.
Inmate loses challenge to how DOC used his prison funds to pay costs, restitution
Cle A. Gray, Jr. v. Robert Humphries, 2016AP584-CR, 4/6/17, District 4 (one-judge decision; ineligible for publication); case activity (including state’s brief)
Gray sought to prevent the Department of Corrections from taking certain money from his prison accounts to pay the costs and restitution Gray had been ordered to pay, but the court of appeals holds DOC’s collection actions were valid under the judgment of conviction and relevant statutes.
Court has no “inherent” power to apply cash seized at time of arrest to pay costs, restitution
State v. Tommy Lee Branch, 2015 WI App 65; case activity (including briefs)
The circuit court had no authority to order cash seized from Branch on his arrest to be used to pay court obligations because there was no basis for concluding the money was not subject to return under § 968.20. As the court of appeals puts it, the cash Branch had at the time of his arrest was no different from any other personal property he had when arrested. “Had [Branch] been wearing a $200 Stetson hat, a $300 Gucci belt, or a pair of $500 Allen Edmonds shoes, the State would not be allowed to seize those items of personal property and sell them on eBay to pay Branch’s debts.” (¶10).
Defendant can’t withdraw plea based on claim he wasn’t informed of the domestic abuse modifier, but there was no basis to assess the domestic abuse surcharge
State v. Ryan P. O’Boyle, 2013AP1004-CR, District 1, 2/4/14; court of appeals decision (1-judge; ineligible for publication); case activity
O’Boyle’ claimed his lawyer was ineffective for failing to move to strike the references in the complaint to “domestic abuse” because that isn’t a separate, stand-alone charge. He also claimed counsel failed to explain that the disorderly conduct count to which O’Boyle entered a plea was charged as an act of domestic abuse under § 968.075(1)(a).
Costs for Standby Counsel
State v. John W. Campbell, 2006 WI 99, on certification
For Campbell: Charles B. Vetzner, SPD, Madison Appellate
Issue/Holding:
¶72 Wisconsin Stat. § 973.06 permits the court to impose a lengthy list of costs upon an unsuccessful defendant. At sentencing, the court may require a probationer to reimburse the county or the state, as applicable, “for any costs for legal representation . . . for the defense of the case.”
Costs — Attorney Fees – Constitutional Limits, Recoupment: Indigency Determination
State v. Kevin J. Helsper, 2006 WI App 243
For Helsper: Glenn L. Cushing, SPD, Madison Appellate
Issue/Holding:
¶7 Constitutional limits on a state’s recoupment of attorney fees are grounded in both due process and equal protection principles. Bearden v. Georgia, 461 U.S. 660, 665 (1983). Recoupment statutes must be tailored to “impose an obligation only upon those with a foreseeable ability to meet it,
Sentence credit – As Means to Satisfy Court-Ordered Costs
State v. Ryan E. Baker, 2005 WI App 45, PFR filed 3/17/05
For Baker: William E. Schmaal, SPD, Madison Appellate
Issue/Holding: Sentence credit may not be used to satisfy court costs, where costs were imposed under provisions which do not grant authority to waive or otherwise avoid their imposition:
¶11 We turn now to whether credit for pre-sentence incarceration time may be applied to satisfy court costs.