On Point blog, page 4 of 4
Restitution – Special Damages – “Loss of Use” – Rental Fees
State v. Joseph A. Kayon, 2002 WI App 178
For Kayon: Ronald J. Sonderhouse
Issue/Holding: Both the replacement cost of a television stolen by the defendant, and rental fees of a television while the case was pending, may be recovered in restitution. The rental fees represent “loss of use” damage that could be claimed in a civil action and therefore qualify as a special damage.
(T)he standard to be applied to such recovery is that of reasonableness under all the circumstances of the particular case.
Restitution – Special Damages – Time Spent by Victim’s Salaried Employee Investigating Offense
State v. William A. Rouse, 2002 WI App 107, PFR filed 5/8/02
For Rouse: Morris D. Berman
Issue/Holding: Time spent by a bank’s salaried employees investigating the crime (forgery) is subject to restitution because,
while the bank’s employees were investigating Rouse’s forgeries, they were prevented from doing other work for the bank, and thus the bank lost all value of their services during that time.
Restitution — Causation — “Natural and Probable Consequence” of Crime — Damage Caused by Police While Defendant Resisted Arrest
State v. Freeman Canady, 2000 WI App 87, 234 Wis. 2d 261, 610 N.W.2d 147
For Canady: Charles B. Vetzner, SPD, Madison Appellate
Issue: Whether a defendant, convicted of resisting arrest, can be ordered to pay restitution for damage caused by a police officer in the course of subduing him.
Holding: Because the damage was a natural consequence of the defendant’s resisting, the defendant was a substantial factor in causing that damage and can be required to make restitution for it.
Restitution — Causation — Nexus Must be Shown, Otherwise Defendant Entitled to Hearing
State v. Derrick L. Madlock, 230 Wis.2d 324, 602 N.W.2d 104 (Ct. App. 1999)
For Madlock: Margaret A. Maroney, SPD, Madison Appellate
Issue: Whether restitution may be ordered without a showing of causation or actual damages.
Holding: The record must show at least a minimal nexus between the defendant’s criminal conduct and the victim’s claimed damages, or the defendant is entitled to an evidentiary hearing.
Restitution — Special Damages — Definitions — Audit, etc.
State v. Nils V. Holmgren, 229 Wis.2d 358, 599 N.W.2d 876 (Ct. App. 1999)
For Holmgren: William E. Appel
Holding: Holmgren’s theft, related to unauthorized use of company’s credit card, gives rise to various restitution issues, all turning on the distinction between special and general damages. (Special damages — those which do not necessarily arise from the wrongful act “and represent the victim’s actual pecuniary losses” —