On Point: 6. Restitution

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.

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.

State v. Roy A. Mitchell, Jr., 2016AP937-CR, 3/16/17, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs)

Mitchell pled guilty to misdemeanor theft, resisting or obstructing an officer, and prostitution in exchange for the State’s agreement to dismiss charges for misdemeanor/battery, strangulation/suffocation, and felony theft. But when the State sought restitution for medical expenses incurred by the victim on the dismissed charges that involved physical contact, Mitchell objected because the victim’s injuries’ and expenses were not related to the crimes for which Mitchell was convicted and sentenced.

State v. Thomas J. Queever, 2016 WI App 87; case activity (including briefs)

Thomas Queever tried to break into a house. We know this because the home’s security system captured video of him doing so. The circuit court and the court of appeals ordered him to pay the cost of said security system, concluding that the expense of installing it was the “result of a crime considered at sentencing,” even though it was installed prior to the burglary of which Queever was convicted. Does the court of appeals’ authority extend to reversing the arrow of time?

State v. David L. Tarlo, 2016 WI App 81; case activity (including briefs)

When’s the last time you saw a defense win on a restitution issue? This child porn case addresses the vexing problem of circuit courts awarding restitution though the victim failed to prove that her losses were “a result of a crime considered at sentencing” as required by Wis. Stat. §973.20(14)(a). 

State v. Terry C. Craig, Jr., 2016AP177-CR, District 4, 8/11/16 (1-judge opinion, ineligible for publication); case activity (including briefs)

Craig struck and shattered the left tail light on an old car but he did not put a baseball-sized hole or a 2 inch crack on the left of it. That was preexisting damage. The circuit court ordered him to pay restitution for it any way, and the court of appeals affirmed.

State v. Pagenkopf, 2015AP1855-CR, 7/21/16, District 4 (1-judge opinion, ineligible for publication); case activity  (including briefs)

Per §973.20(13)(c)4, a court commissioner held a hearing and submitted proposed findings of fact and conclusions of law recommending that Pagenkopf pay $19,274.69 in restitution. Pagenkopf sought de novo review via §757.69(8), which provides that a “decision” by a court commissioner shall be reviewed by the circuit court upon the motion of any party.  According to the court of appeals, §757.69(8) does not apply to a commissioner’s restitution findings.

Question presented:

What are the jurisdictional prerequisites for appealing a deferred restitution award made during the pendency of a timely appeal of a criminal judgment imposing sentence, a question left open by the Court’s decision in Dolan v. United States, 560 U.S. 605 (2010)?

State v. Guadalupe Ronzon, 2015AP498, 1/26/16, District 1 (one-judge decision; ineligible for publication); case activity

Ronzon challenges the restitution award in her conviction of failing to fulfill her Wis. Stat. § 346.67 duty upon striking a vehicle with her car.

State v. Frank E. Pilarski, 2015AP425, District 2, 12/23/15 (not recommended for publication); case activity (including briefs)

Pilarski sexually assaulted a child in his in-home day care; the court of appeals upholds a restitution award for the child’s mother’s reduced work hours necessitated by her unwillingness to use any other in-home day care after the assaults.