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Tag Archives: restitution

Criminal Practice – Restitution Reversed for Unnamed ‘Victim’ (access required)

U.S. v. Davis The 4th Circuit reverses a sentencing order insofar as it required defendant to pay $685 in restitution for a homeowner’s broken window and homeowner’s deductible, on defendant’s conviction pursuant to a plea agreement to possession of a stolen firearm; the presentence report identified no “victim” of the offense of conviction, and the restitution order was not authorized by statute.

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Criminal Practice – Constitutional – Confrontation Right – Absence from Trial – Evidence of Hospitalization – Assault – Restitution – Character Evidence (access required)

State v. Anderson When defendant didn’t show up for the second day of his trial, he had the burden of explaining his absence. He attempted to explain his absence by offering the following evidence: (1) a phone call from Stacie Wilson, a person who failed to provide any information as to who she was or what hospital defendant was in and (2) a note from Presbyterian Hospital indicating that defendant had been treated there at some point, but which lacked any indication of the date or time of treatment. This evidence was insufficient to satisfy defendant’s burden to explain his absence. Accordingly, defendant waived his right to confrontation.

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Criminal Practice – Constitutional – Confrontation Right – Absence from Trial – Evidence of Hospitalization – Assault – Restitution – Character Evidence (access required)

State v. Anderson When defendant didn’t show up for the second day of his trial, he had the burden of explaining his absence. He attempted to explain his absence by offering the following evidence: (1) a phone call from Stacie Wilson, a person who failed to provide any information as to who she was or what hospital defendant was in and (2) a note from Presbyterian Hospital indicating that defendant had been treated there at some point, but which lacked any indication of the date or time of treatment. This evidence was insufficient to satisfy defendant’s burden to explain his absence. Accordingly, defendant waived his right to confrontation.

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Criminal Practice – Child Pornography – Sentencing – Restitution – Insufficient Findings (access required)

U.S. v. Burgess The 4th Circuit affirms defendant’s conviction of receipt and possession of child pornography, but vacates a restitution order requiring defendant to pay $305,220 to “Vicki,” an identified victim; the district court did not make specific findings regarding the elements of restitution, as required under the Mandatory Restitution for Sexual Exploitation of Children Act, 18 U.S.C. 2259, and the case is remanded for calculation of the loss this specific defendant caused the victim portrayed in the pornographic material possessed by defendant.

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Criminal Practice – DWI – Sentencing – Aggravating Factor — $1,000 Damage – Blakeley – Harmless Error – Restitution (access required)

State v. Wood Even though the trial court should have allowed the jury to decide the aggravating-factor issue of whether defendant’s negligence led to an accident causing more than $1,000 in property damage, the voir dire testimony of the victim of that accident clearly established that the damage to his vehicle could be repaired for approximately $1,600. The trial court’s error was harmless beyond a reasonable doubt.

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Criminal Practice – Burglary – ‘Entry’ – Breaking or Entering – Robbery – Show-Up ID – Restitution (access required)

State v. Watkins Where the state showed only that the butt of a shotgun entered the victim’s home as it broke a window - after which defendant heard the victim inside the home and ran away - the state failed to show the “entry” required to convict defendant of first-degree burglary. However, in convicting defendant of burglary, the jury necessarily found all the elements of felonious breaking or entering.

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