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c. Defenses

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… Read More

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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… Read More

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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… Read More

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State v. Deris Huley, 2013AP682, 9/26/13 (1-judge ineligible for publication); case activity It’s not often the court of appeals rules against the State.  Huley pled no contest to a misdemeanor hit and run of an attended vehicle, as a repeater. See §346.74(5)(a).  The State sought restitution in the amount of $4,064.83 for the victim’s personal injuries. … Read More

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Herr v. Bradley D. DeBraska, 2006 WI App 29 Issue/Holding1: Where the defendant and victim had fully settled a civil claim for defendant’s liability arising out of the crime, but the defendant’s wages were subsequently garnished by the State to satisfy the restitution order in the criminal case, the trial court properly exercised discretion to reopen… Read More

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Restitution — Defenses — Set-Off

State v. Tony G. Longmire, 2004 WI App 90 For Longmire: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether the defendant was entitled to set-off as a defense to restitution for theft by (home improvement) contractor, for work that was paid for by the contractor to a subcontractor. Holding: ¶18. We conclude that the trial court… Read More

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State v. Chad J. Knoll, 2000 WI App 135, 237 Wis.2d 384, 614 N.W.2d 20 Issue: Whether contributory negligence is a defense to restitution. Holding: ¶¶16, 17: Restitution is not a claim that is owned by an individual but a remedy of the State…. To allow a defendant who has already been convicted of a… Read More

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Restitution — Defenses — Setoff

State v. Laura Walters, 224 Wis.2d 897, 591 N.W.2d 874 (Ct. App. 1999) For Walters: Todd W. Bennett Issue/Holding: Setoff is available to reduce the amount of special damages. The defendant has the burden of proving facts necessary to this defense. Since the victim here suffered general as well as special damages, Walters was therefore… Read More

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