restitution
COA: Courts need to consider proportionality of damages in restitution orders
June 5, 2013
Jennifer NelsonThe Indiana Court of Appeals upheld a Franklin Circuit judge’s decision to require a defendant to pay restitution and
a fine after he entered into an open plea agreement on a burglary charge. But the judges instructed trial courts to consider
apportioning the amount of restitution among co-perpetrators in relation to each person’s contribution to the victim’s
loss.
MoreCOA to trial judges: enter restitution orders at sentencing
May 10, 2013
Jennifer NelsonThe Indiana Court of Appeals sent a case in ‘procedural limbo’ back to trial court to enter a restitution order
within 30 days, which will allow the defendant to appeal his aggravated battery conviction. The appellate judges also advised
trial courts on the pitfalls of postponing ordering restitution when ordering a sentence.
MoreJudges affirm restitution order, sentence following deadly crash
April 15, 2013
Jennifer NelsonA man who was speeding and under the influence of alcohol when his car struck another, killing the driver and severely injuring
the passenger, will have to make restitution to the victims, the Indiana Court of Appeals ruled.
MoreCOA rules trial court cannot exceed scope of plea agreement
April 9, 2013
Marilyn OdendahlA man will have to serve his full sentence, but the Indiana Court of Appeals has ruled since his plea agreement makes no mention
of restitution, he will not have to pay.
MorePro se defendant wins reversal of restitution order
February 18, 2013
Jennifer NelsonA defendant ordered to repay more than $19,000 that a drug task force spent to investigate his methamphetamine manufacturing
will not have to make restitution because the state isn’t a victim under the restitution statute, the Indiana Court
of Appeals ruled.
MoreWeinberger owes patient $150k for unnecessary surgery
January 31, 2013
Jennifer NelsonDr. Mark S. Weinberger, who fled the country for several years after performing numerous unnecessary surgeries on his patients’
sinuses, must pay one patient $150,000 on a medical malpractice claim.
MoreJustices remand burglary sentence for new hearing on restitution order
January 25, 2013
Dave StaffordA divided Indiana Supreme Court ordered a new hearing for a man convicted of burglary whose restitution order had been thrown
out by the Court of Appeals because of insufficient evidence to support the amount of the award.
MoreCourt orders new trial on damages owed to wrongfully convicted man
December 20, 2012
Jennifer NelsonFinding a District judge improperly limited critical evidence relating to an Elkart man’s innocence during his trial
for damages following his wrongful conviction, the 7th Circuit Court of Appeals ordered a new damages trial be held.
More7th Circuit upholds $3M restitution order for copper theft
December 5, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals rejected a defendant’s argument that the court should go against its precedent that
restitution is not a criminal penalty and that a recent U.S. Supreme Court holding means the jury should determine the amount
of restitution he should pay for his role in copper theft.
More7th Circuit: Child porn victims must prove defendant shared images to receive monetary damages
November 15, 2012
Dave StaffordTwo victims who received restitution judgments of $3.367 million and $965,827 must prove the defendant convicted of multiple
federal child pornography counts uploaded images of them.
MoreCourt may consider SSI in restitution order
March 20, 2012
Jennifer NelsonThe Indiana Supreme Court sided with the federal courts that have concluded courts may consider one’s Social Security
income when determining how much a person may pay in restitution.
MoreToxic dust exposure leads to litigation
August 31, 2011
Michael HoskinsIndianapolis attorney Gabe Hawkins has already attended the funerals of three former clients, and he hopes that he won’t
have to see a fourth before finally being able to say that the courtroom battle they’ve been waging for years has paid
off.
MoreCircuit Court upholds $500,000 restitution order
July 14, 2011
Jennifer NelsonA man who waived his right in plea negotiations to challenge his sentence or an order of restitution may not appeal the imposition
of $533,000 in restitution to a victim depicted in child pornography, the 7th Circuit Court of Appeals held July 14.
MoreCOA judge issues 8-page criticism of trial court missteps
June 3, 2011
Jenny MontgomeryThe Indiana Court of Appeals has reversed a juvenile court’s order of restitution, stating the court failed to investigate
the young man’s ability to pay, and that the damage amount could not be determined to be reasonable. Judge Melissa S.
May wrote an eight-page separate opinion stating that the trial court’s many errors hampered the COA’s ability
to perform its review of the case.
MoreSocial Security income shouldn't be considered in restitution orders
April 21, 2011
Jennifer NelsonDealing with an issue of first impression, the Indiana Court of Appeals has ruled that Social Security income must be excluded
when considering a defendant’s ability to pay restitution.
MoreRestitution for lost wages an error
October 6, 2009
Jennifer NelsonA trial court erred in ordering a man to pay restitution of the lost wages of his victim because there's no direct link
the man's criminal recklessness caused the victim to be fired, the Indiana Court of Appeals ruled.
MoreSponsored by
on Facebook & Twitter
on Facebook & Twitter
Indiana Lawyer on Facebook
ADVERTISEMENT
ADVERTISEMENT
Back to TopCopyright © All Rights Reserved. Privacy Policy | Terms of Use.
Design, CMS, Hosting & Web Development :: ePublishing.
Additional Hosting & Delivery by
The court of appeals not only tries to rewrite or interpret the law to suit their fancy, now they choose play stupid as well. Every consideration must be given to pro se litigants, who are not held to the same standards as attorneys, as stated by,SCOTUS. I assume they didn't have a lawyer, since one wasn't mentioned and I strongly suggest thatb the rest of the, origional petitioners get back in there and fight for their rights.
the irony of situations like this is that the clients whom conour cheated are the ones who should be pulling hardest for him to remain free and keep his law license, so they have some hopes of him paying back. really bury the guy deep and then there will be little hope of restitution
Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.