State v. Jason Napiwocki, 2016AP1264-CR, 5/4/17, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court didn’t erroneously exercise its discretion when it issued a final restitution order that adopted the findings of fact and conclusions of law of the court commissioner who conducted the restitution hearing. Napiwocki was convicted of theft… Read more
f. Trial court authority
State v. J.J.S., 2016AP1519, 4/25/17, District 3 (1-judge appeal; ineligible for publication); case activity The case appears to be an issue of first impression: Whether §938.34(5)(c), which provides that juveniles under 14 can’t be required to pay more than $250 in restitution, refers to the juvenile’s age when the State filed the delinquency petition or… Read more
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… Read more
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
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
State v. Frank E. Pilarski, 2015AP425, District 2, 12/23/15 (not recommended for publication); case activity (including briefs) Pilarski sexually assaulted a child in his in-home day care; the court of appeals upholds a restitution award for the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… Read more
State v. Chaz L. Brown, 2014AP1848-CR, District 3, 5/19/15 (one-judge decision; ineligible for publication); case activity (including briefs) A “midsummer night’s attempt at self-help debt collection” (¶2) led to Brown being charged with disorderly conduct and battery. He was acquitted of the battery charges based on his self-defense claim, but he was convicted of the DC… Read more
State v. Richard J. Nelson, 2014AP1794-CR, District 3, 2/24/15 (one-judge decision; ineligible for publication); case activity (including briefs) While the victim’s injuries could have been caused by the alleged conduct for which Nelson was acquitted, they could also have been the result of the conduct for which Nelson was convicted. Thus, there was a basis for finding a… Read more
