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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 required to prove what part if any of a $25,000 insurance settlement went to special damages (given that the victim had also suffered general damages in an indeterminate amount). Because Walters offered no such proof, “the circuit court had no choice but to conclude that none of the payment should be applied against special damages.”

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