State v. Tony G. Longmire, 2004 WI App 90 For Longmire: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether expenditures by victims to correct shoddy work done by defendant in theft by contractor case may be subject to restitution. Holding: ¶23. We conclude that these costs, incurred by the homeowners and admittedly arising out of… Read more
b. Damages
State v. Oscar A. Rash, 2003 WI App 32, PFR filed 2/25/03 For Rash: Peter Koneazny, Diana Felsmann, SPD, Milwaukee Appellate Issue: Whether the restitution order for damage to the victim’s car was supported by sufficient causation, where the defendant abducted the victim for 20-30 minutes, during which time the unattended and unlocked car was broken… Read more
State v. Bernell Ross, 2003 WI App 27, PFR filed 2/21/03 For Ross: Andrew Mishlove Issue/Holding: Ross was convicted of a pattern of racketeering involving securities fraud contrary to Wis. Stat. §§ 551.41(2) and 946.82(2), (3), (4) and 946.83 (WOCCA). This pattern of racketeering, based in fraudulent activities occurring in Wisconsin and contrary to the securities law, also affected investors in other… Read more
State v. Mark M. Loutsch, 2003 WI App 16, PFR filed 1/17/03; X-PFR filed 1/31/03 For Loutsch: Charles B. Vetzner Issue/Holding: ¶12. The distinction between general and special damages as relevant to Wis. Stat. § 973.20(5)(a) is well established. “General damages” under this statute are those that compensate the victim for damages such as pain and suffering, anguish… Read more
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… Read more
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… Read more
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… Read more
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… Read more
