State v. Thomas G. Felski, 2012AP1115-CR, District 2, 1/3/13 Court of appeals decision (1 judge; ineligible for publication); case activity Felski was convicted of violating Wis. Admin. Code ATCP § 110.05 (criminalized by virtue of § 100.20(2)) for failing to have a written contract covering some remodeling projects. Evidence at trial focused on construction of… Read more
b. Damages
State v. Jesse D. Fries, 2011AP517-CR, District 4, 12/27/12 Court of appeals decision (not recommended for publication); case activity Cost of installing new, upgraded security system in a convenience store after robbery was a “special damage” and therefore a proper item of restitution: ¶8 Fries’ primary contention is that an expenditure does not qualify as… Read more
Restitution – Damages – School District: Employees’ “Lost Productivity” Due to Bomb Scare Evacuation
State v. Derick G. Vanbeek, 2009 WI App 37, PFR filed 3/13/09 For Vanbeek: Donald T. Lang, SPD, Madison Appellate Issue/Holding: On conviction for making a false bomb scare, § 947.015, Vanbeek is liable in restitution to the school district for salaries and benefits paid to teachers and staff during the resulting 4-hour evacuation, because the school district… Read more
State v. Mark R. Johnson, 2005 WI App 201 For Johnson: Jefren Olsen , SPD, Madison Appellate Issue/Holding: ¶13 Second, before a trial court may order restitution “there must be a showing that the defendant’s criminal activity was a substantial factor in causing” pecuniary injury to the victim in a “but for” sense. Longmire, 272 Wis… Read more
State v. Mark R. Johnson, 2005 WI App 201 For Johnson: Jefren Olsen, SPD, Madison Appellate Issue/Holding: ¶12 First, restitution is limited to “special damages … which could be recovered in a civil action against the defendant for his or her conduct in the commission of a crime considered at sentencing.” Wis. Stat. § 973.20(5)(a). The… Read more
State v. Mark R. Johnson, 2005 WI App 201 For Johnson: Jefren Olsen , SPD, Madison Appellate Issue/Holding1: Lost profits are “special damages,” and therefore subject to a restitution order, because the underlying causal criminal conduct could give rise to a civil action based on the torts of conversion and interference with prospective contractual relationships, ¶¶16-17… Read more
State v. Tony G. Longmire, 2004 WI App 90 For Longmire: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: ¶13. Restitution awarded under Wis. Stat. § 973.20(5)(a) is limited in two ways relevant to our present analysis. First, before a trial court may order restitution “there must be a showing that the defendant’s criminal activity was a substantial factor… Read more
State v. Tony G. Longmire, 2004 WI App 90 For Longmire: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether attorney fees, incurred by the victims in seeking damages under the contract underlying this theft by contractor case, are subject to restitution. Holding: ¶29. Longmire contends the trial court erred because the “American Rule” requires litigants in… Read more
